Chubb
Group of Insurance Companies DECLARATIONS
FINANCIAL
INSTITUTION INVESTMENT
15
Mountain View Road, Warren, New Jersey 07059
COMPANY
ASSET PROTECTION BOND
NAME
OF
ASSURED (including its Subsidiaries): Bond
Number:
81906663
TAIWAN
GREATER CHINA FUND
FEDERAL
INSURANCE
COMPANY
C/O
BROWN
BROTHERS HARRIMAN & CO. Incorporated
under
the
laws of Indiana
BOSTON,
MA 02109 a
stock
insurance
company
herein called the COMPANY
Capital
Center,
251
North
Illinois, Suite 1100
Indianapolis,
IN
46204-1927
ITEM
1. BOND
PERIOD: from
12:01
a.m. on June
12,
2006
to
12:01
a.m. on June
12,
2007
ITEM
2. LIMITS
OF
LIABILITY—DEDUCTIBLE AMOUNTS:
If
“Not
Covered” is inserted below opposite any
specified
INSURING CLAUSE, such INSURING CLAUSE and
any
other
reference shall be deemed to be deleted.
There
shall be no deductible applicable to any loss
under
INSURING CLAUSE 1. sustained by any Investment
Company.
DEDUCTIBLE
INSURING
CLAUSE LIMIT
OF
LIABILITY
AMOUNT
1. Employee $ 1,000,000
$ 50,000
2. On
Premises $ 1,000,000 $ 50,000
3. In
Transit $ 1,000,000 $ 50,000
4. Forgery
or Alteration $ 1,000,000 $ 50,000
5. Extended
Forgery $ 1,000,000 $ 50,000
6. Counterfeit
Money $ 1,000,000 $ 50,000
7. Threats
to Person $ NOT
COVERED $ NOT
COVERED
8. Computer
System $ 1,000,000 $ 50,000
9. Voice
Initiated Funds Transfer Instruction $
1,000,000 $ 50,000
10 Uncollectible
Items of Deposit $ 25,000 $ 5,000
11. Audit
Expense $ 25,000 $ 5,000
ITEM
3. THE
LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE
FOLLOWING
ENDORSEMENTS
EXECUTED SIMULTANEOUSLY HEREWITH:
1)
Revise
Item 2., 2) Delete Valuation-Other Property Endorsement,
3)
Compliance with Applicable Trade Sanction Laws, 4) Termination-
Nonrenewal-Notice,
5) Stop Payment Order Or Refusal to Pay Check
Endorsement,
6) Unauthorized Signature Endorsement
IN
WITNESS WHEREOF, THE COMPANY has caused this Bond to be signed by its
authorized
officers, but it shall not be valid unless also signed by an
authorized
representative of the Company.
Secretary
President
Countersi
gned
by
Authorized
Representative
Form
17-02-1320 (Ed. XX-XX) Page
2 of
2
ICAP
Bond
(5-98) - Federal
Form
17-02-1421 (Ed. 5-98) Page
1 of
1
The
COMPANY, in consideration of payment of the required
premium,
and in reliance on the APPLICATION and all other
statements
made and information furnished to the COMPANY by
the
ASSURED, and subject to the DECLARATIONS made a part of
this
Bond
and to all other terms and conditions of this Bond,
agrees
to
pay the ASSURED for:
Insuring
Clauses
Employee
1. Loss
resulting directly from Larceny or
Embezzlement
committed by any Employee, alone or
in
collusion with others.
On
Premises
2. Loss
of
Property resulting directly from robbery,
burglary,
false pretenses, common law or statutory
larceny,
misplacement, mysterious unexplainable
disappearance,
damage, destruction or removal,
from
the
possession, custody or control of the
ASSURED,
while such Property is lodged or
deposited
at premises located anywhere.
In
Transit
3. Loss
of
Property resulting directly from common
law
or
statutory larceny, misplacement, mysterious
unexplainable
disappearance, damage or
destruction,
while the Property is in transit
anywhere:
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 ASSURED,
or
c. in
the
custody of a Transportation
Company
and being transported in a
conveyance
other than an armored motor
vehicle
provided, however, that
covered
Property transported in such
manner
is
limited to the following:
(1) written
records,
(2) securities
issued in registered
form,
which are not endorsed or are
restrictively
endorsed, or
(3) negotiable
instruments not payable
to
bearer, which are not endorsed
or
are
restrictively endorsed.
Coverage
under this INSURING CLAUSE begins
immediately
on the receipt of such
Property
by the natural person or
Transportation
Company and ends
immediately
on delivery to the premises of
the
addressee or to any representative of
the
addressee located anywhere.
Insuring
Clauses
(continued)
Forgery
Or
Alteration
4. Loss
resulting directly from:
a. Forgery
on, or fraudulent material
alteration
of, any bills of exchange,
checks,
drafts, acceptances,
certificates
of deposits, promissory
notes,
due bills, money orders, orders
upon
public treasuries, letters of
credit,
other written promises, orders
or
directions to pay sums certain in
money,
or
receipts for the withdrawal
of
Property, or
b. transferring,
paying or delivering any
funds
or
other Property, or
establishing
any credit or giving any
value
in
reliance on any written
instructions,
advices or applications
directed
to the ASSURED authorizing or
acknowledging
the transfer, payment,
delivery
or receipt of funds or other
Property,
which instructions, advices
or
applications fraudulently purport
to
bear
the handwritten signature of
any
customer of the ASSURED, or
shareholder
or subscriber to shares of
an
Investment Company, or of any
financial
institution or Employee but
which
instructions, advices or
applications
either bear a Forgery or
have
been
fraudulently materially
altered
without the knowledge and
consent
of such customer, shareholder,
subscriber,
financial institution or
Employee;
excluding,
however, under this INSURING
CLAUSE
any loss covered under INSURING
CLAUSE
5.
of this Bond, whether or not
coverage
for INSURING CLAUSE 5. is
provided
for in the DECLARATIONS of this
Bond.
For
the
purpose of this INSURING CLAUSE, a
mechanically
reproduced facsimile
signature
is treated the same as a
handwritten
signature.
Extended
Forgery
5. Loss
resulting directly from the ASSURED having,
in
good
faith, and in the ordinary course of
business,
for its own account or the account of
others
in
any capacity:
a. acquired,
accepted or received,
accepted
or received, sold or
delivered,
or given value, extended
credit
or
assumed liability, in
reliance
on any original Securities,
documents
or other written instruments
which
prove to:
(1) bear
a
Forgery or a fraudulently
material
alteration,
(2) have
been
lost or stolen, or
(3) be
Counterfeit, or
b. guaranteed
in writing or witnessed any
signatures
on any transfer,
assignment,
bill of sale, power of
attorney,
guarantee, endorsement or
other
obligation upon or in connection
with
any
Securities, documents or
other
written instruments.
Actual
physical possession, and continued
actual
physical possession if taken as
collateral,
of such Securities, documents
or
other
written instruments by an
Employee,
Custodian, or a Federal or State
chartered
deposit institution of the
ASSURED
is a condition precedent to the
ASSURED
having relied on such items.
Release
or return of such collateral is an
acknowledgment
by the ASSURED that it no
longer
relies on such collateral.
Insuring
Clauses
Extended
Forgery
(continued)
For
the
purpose of this INSURING CLAUSE, a
mechanically
reproduced facsimile signature is
treated
the same as a handwritten signature.
Counterfeit
Money
6. Loss
resulting directly from the receipt by the
ASSURED
in good faith of any Counterfeit money.
Threats
To Person
7. Loss
resulting directly from surrender of Property
away
from
an office of the ASSURED as a result of
a
threat
communicated to the ASSURED to do bodily
harm
to
an Employee as defined in Section 1.e.
(1),
(2)
and (5), a Relative or invitee of such
Employee,
or a resident of the household of such
Employee,
who is, or allegedly is, being held
captive
provided, however, that prior to the
surrender
of such Property:
a. the
Employee who receives the threat has made a
reasonable
effort to notify an officer of the
ASSURED
who is not involved in such threat, and
b. the
ASSURED has made a reasonable effort to
notify
the Federal Bureau of Investigation and
local
law
enforcement authorities concerning
such
threat.
It
is
agreed that for purposes of this INSURING
CLAUSE,
any Employee of the ASSURED, as set forth
in
the
preceding paragraph, shall be deemed to be
an
ASSURED hereunder, but only with respect to the
surrender
of money, securities and other tangible
personal
property in which such Employee has a
legal
or
equitable interest.
Computer
System
8. Loss
resulting directly from fraudulent:
a. entries
of data into, or
b. changes
of data elements or programs within,
a
Computer System, provided the fraudulent entry
or
change
causes:
(1) funds
or
other property to be transferred,
paid
or
delivered,
(2) an
account of the ASSURED or of its
customer
to be added, deleted, debited or
credited,
or
(3) an
unauthorized account or a fictitious
account
to be debited or credited.
Insuring
Clauses
(continued)
Voice
Initiated
Funds
Transfer
Instruction
9. Loss
resulting directly from Voice Initiated Funds
Transfer
Instruction directed to the ASSURED
authorizing
the transfer of dividends or
redemption
proceeds of Investment Company shares
from
a
Customer's account, provided such Voice
Initiated
Funds Transfer Instruction was:
a. received
at the ASSURED'S offices by those
Employees
of the ASSURED specifically
authorized
to receive the Voice Initiated Funds
Transfer
Instruction,
b. made
by a
person purporting to be a Customer,
and
c. made
by
said person for the purpose of causing
the
ASSURED or Customer to sustain a loss or
making
an
improper personal financial gain for
such
person or any other person.
In
order
for coverage to apply under this INSURING
CLAUSE,
all Voice Initiated Funds Transfer
Instructions
must be received and processed in
accordance
with the Designated Procedures outlined
in
the
APPLICATION furnished to the COMPANY.
Uncollectible
Items
of
Deposit
10. Loss
resulting directly from the ASSURED having
credited
an account of a customer, shareholder or
subscriber
on the faith of any Items of Deposit
which
prove to be uncollectible, provided that the
crediting
of such account causes:
a. redemptions
or withdrawals to be permitted,
b. shares
to
be issued, or
c. dividends
to be paid,
from
an
account of an Investment Company.
In
order
for coverage to apply under this INSURING
CLAUSE,
the ASSURED must hold Items of Deposit for
the
minimum number of days stated in the
APPLICATION
before permitting any redemptions or
withdrawals,
issuing any shares or paying any
dividends
with respect to such Items of Deposit.
Items
of
Deposit shall not be deemed uncollectible
until
the
ASSURED'S standard collection procedures
have
failed.
Audit
Expense
11. Expense
incurred by the ASSURED for that part of
the
cost
of audits or examinations required by any
governmental
regulatory authority or self-
regulatory
organization to be conducted by such
authority,
organization or their appointee by
reason
of
the discovery of loss sustained by the
ASSURED
and covered by this Bond.
General
Agreements
Additional
Companies
Included
As
Assured
A. If
more
than one corporation, or Investment
Company,
or any combination of them is included as
the
ASSURED herein:
(1) The
total
liability of the COMPANY under this
Bond
for
loss or losses sustained by any one or
more
or
all of them shall not exceed the limit
for
which
the COMPANY would be liable under
this
Bond
if all such loss were sustained by
any
one
of them.
(2) Only
the
first named ASSURED shall be deemed to
be
the
sole agent of the others for all
purposes
under this Bond, including but not
limited
to the giving or receiving of any
notice
or
proof required to be given and for
the
purpose of effecting or accepting any
amendments
to or termination of this Bond. The
COMPANY
shall furnish each Investment Company
with
a
copy of the Bond and with any amendment
thereto,
together with a copy of each formal
filing
of
claim by any other named ASSURED and
notification
of the terms of the settlement of
each
such
claim prior to the execution of such
settlement.
(3) The
COMPANY shall not be responsible for the
proper
application of any payment made
hereunder
to the first named ASSURED.
(4) Knowledge
possessed or discovery made by any
partner,
director, trustee, officer or
supervisory
employee of any ASSURED shall
constitute
knowledge or discovery by all the
ASSUREDS
for the purposes of this Bond.
(5) If
the
first named ASSURED ceases for any
reason
to
be covered under this Bond, then the
ASSURED
next named on the APPLICATION shall
thereafter
be considered as the first named
ASSURED
for the purposes of this Bond.
Representation
Made
By
Assured
B. The
ASSURED represents that all information it has
furnished
in the APPLICATION for this Bond or
otherwise
is complete, true and correct. Such
APPLICATION
and other information constitute part
of
this
Bond.
The
ASSURED must promptly notify the COMPANY of
any
change in any fact or circumstance which
materially
affects the risk assumed by the COMPANY
under
this Bond.
Any
intentional misrepresentation, omission,
concealment
or incorrect statement of a material
fact,
in
the APPLICATION or otherwise, shall be
grounds
for recision of this Bond.
General
Agreements
(continued)
Additional
Offices
Or
Employees -
Consolidation,
Merger
Or
Purchase
Or
Acquisition Of
Assets
Or
Liabilities
-
Notice
To
Company
C. If
the
ASSURED, other than an Investment Company,
while
this Bond is in force, merges or
consolidates
with, or purchases or acquires assets
or
liabilities of another institution, the ASSURED
shall
not
have the coverage afforded under this
Bond
for
loss which has:
(1) occurred
or will occur on premises, or
(2) been
caused or will be caused by an employee,
or
(3) arisen
or
will arise out of the assets or
liabilities,
of
such
institution, unless the ASSURED:
a. gives
the
COMPANY written notice of the
proposed
consolidation, merger or purchase or
acquisition
of assets or liabilities prior to
the
proposed effective date of such action, and
b. obtains
the written consent of the COMPANY to
extend
some or all of the coverage provided by
this
Bond
to such additional exposure, and
c. on
obtaining such consent, pays to the COMPANY
an
additional premium.
Change
Of
Control -
Notice
To
Company
D. When
the
ASSURED learns of a change in control
(other
than in an Investment Company), as set
forth
in
Section 2(a) (9) of the Investment
Company
Act of 1940, the ASSURED shall within
sixty
(60) days give written notice to the COMPANY
setting
forth:
(1) the
names
of the transferors and transferees
(or
the
names of the beneficial owners if the
voting
securities are registered in another
name),
(2) 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
(3) the
total
number of outstanding voting
securities.
Failure
to give the required notice shall result
in
termination of coverage for any loss involving
a
transferee, to be effective on the date of such
change
in
control.
Court
Costs And
Attorneys’
Fees
E. The
COMPANY will indemnify the ASSURED for court
costs
and
reasonable attorneys' fees incurred and
paid
by
the ASSURED in defense, whether or not
successful,
whether or not fully litigated on the
merits
and whether or not settled, of any claim,
suit
or
legal proceeding with respect to which the
ASSURED
would be entitled to recovery under this
Bond.
However, with respect to INSURING CLAUSE
1.,
this
Section shall only apply in the event
that:
(1) an
Employee admits to being guilty of Larceny
or
Embezzlement,
(2) an
Employee is adjudicated to be guilty of
Larceny
or Embezzlement, or
General
Agreements
Court
Costs And
Attorneys’
Fees
(continued)
(3) in
the
absence of 1 or 2 above, an arbitration
panel
agrees, after a review of an agreed
statement
of facts between the COMPANY and the
ASSURED,
that an Employee would be found guilty
of
Larceny or Embezzlement if such Employee
were
prosecuted.
The
ASSURED shall promptly give notice to the
COMPANY
of any such suit or legal proceeding and
at
the
request of the COMPANY shall furnish copies
of
all
pleadings and pertinent papers to the
COMPANY.
The COMPANY may, at its sole option,
elect
to
conduct the defense of all or part of
such
legal proceeding. The defense by the COMPANY
shall
be
in the name of the ASSURED through
attorneys
selected by the COMPANY. The ASSURED
shall
provide all reasonable information and
assistance
as required by the COMPANY for such
defense.
If
the
COMPANY declines to defend the ASSURED, no
settlement
without the prior written consent of
the
COMPANY nor judgment against the ASSURED shall
determine
the existence, extent or amount of
coverage
under this Bond.
If
the
amount demanded in any such suit or legal
proceeding
is within the DEDUCTIBLE AMOUNT, if
any,
the
COMPANY shall have no liability for court
costs
and
attorney's fees incurred in defending
all
or
part of such suit or legal proceeding.
If
the
amount demanded in any such suit or legal
proceeding
is in excess of the LIMIT OF LIABILITY
stated
in
ITEM 2. of the DECLARATIONS for the
applicable
INSURING CLAUSE, the COMPANY'S
liability
for court costs and attorney's fees
incurred
in defending all or part of such suit or
legal
proceedings is limited to the proportion of
such
court costs and attorney's fees incurred that
the
LIMIT
OF LIABILITY stated in ITEM 2. of the
DECLARATIONS
for the applicable INSURING CLAUSE
bears
to
the total of the amount demanded in such
suit
or
legal proceeding.
If
the
amount demanded is any such suit or legal
proceeding
is in excess of the DEDUCTIBLE AMOUNT,
if
any,
but within the LIMIT OF LIABILITY stated
in
ITEM
2. of the DECLARATIONS for the applicable
INSURING
CLAUSE, the COMPANY'S liability for court
costs
and
attorney's fees incurred in defending
all
or
part of such suit or legal proceedings
shall
be
limited to the proportion of such court
costs
or
attorney's fees that the amount demanded
that
would be payable under this Bond after
application
of the DEDUCTIBLE AMOUNT, bears to the
total
amount demanded.
Amounts
paid by the COMPANY for court costs and
attorneys'
fees shall be in addition to the LIMIT
OF
LIABILITY stated in ITEM 2. of the
DECLARATIONS.
Conditions
And
Limitations
Definitions
1. As
used
in this Bond:
a. Computer
System means a computer and all input,
output,
processing, storage, off-line media
libraries,
and communication facilities which
are
connected to the computer and which are
under
the
control and supervision of the
operating
system(s) or application(s) software
used
by
the ASSURED.
b. Counterfeit
means an imitation of an actual
valid
original which is intended to deceive and
be
taken
as the original.
c. Custodian
means the institution designated by
an
Investment Company to maintain possession
and
control of its assets.
d. Customer
means an individual, corporate,
partnership,
trust customer, shareholder or
subscriber
of an Investment Company which has a
written
agreement with the ASSURED for Voice
Initiated
Funds Transfer Instruction.
e. Employee
means:
(1) an
officer of the ASSURED,
(2) a
natural
person while in the regular
service
of the ASSURED at any of the
ASSURED'S
premises and compensated directly
by
the
ASSURED through its payroll system
and
subject to the United States Internal
Revenue
Service Form W-2 or equivalent
income
reporting plans of other countries,
and
whom
the ASSURED 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) a
guest
student pursuing studies or
performing
duties in any of the ASSURED'S
premises,
(4) an
attorney retained by the ASSURED and an
employee
of such attorney while either is
performing
legal services for the ASSURED,
(5) a
natural
person provided by an employment
contractor
to perform employee duties for
the
ASSURED under the ASSURED'S supervision
at
any of
the ASSURED'S premises,
(6) an
employee of an institution merged or
consolidated
with the ASSURED prior to the
effective
date of this Bond,
(7) a
director or trustee of the ASSURED, but
only
while performing acts within the scope
of
the
customary and usual duties of any
officer
or other employee of the ASSURED or
while
acting as a member of any committee
duly
elected or appointed to examine or
audit
or
have custody of or access to
Property
of the ASSURED, or
Conditions
And
Limitations
Definitions
(continued)
(8) each
natural person, partnership or corporation
authorized
by written agreement with the
ASSURED
to perform services as 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 ASSURED'S computer software
or
programs, or
b. acting
as
transfer agent or in any other
agency
capacity in issuing checks, drafts
or
securities for the ASSURED,
(9) any
partner, officer or employee of an
investment
advisor, an underwriter
(distributor),
a transfer agent or shareholder
accounting
recordkeeper, or an administrator,
for
an
Investment Company while performing acts
coming
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
committee
duly elected or appointed 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 accounting recordkeeper 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).
This
Bond
does not afford coverage in favor
of
the
employers of persons as set forth in
e.
(4),
(5) and (8) above, and upon payment
to
the
ASSURED by the COMPANY resulting
directly
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 such of the ASSURED'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 ASSURED to
the
COMPANY, and the ASSURED shall execute
all
papers necessary to secure to the
COMPANY
the rights provided for herein.
Each
employer of persons as set forth in e.(4),
(5)
and
(8) above and the partners, officers
and
other
employees of such employers shall
collectively
be deemed to be one person for all
the
purposes of this Bond; excepting, however,
the
fifth
paragraph of Section 13.
Independent
contractors not specified in e.(4),
(5)
or
(8) above, intermediaries, agents,
brokers
or other representatives of the same
general
character shall not be considered
Employees.
Conditions
And
Limitations
Definitions
(continued)
f. Forgery
means the signing of the name of
another
natural person with the intent to
deceive
but does not mean a signature which
consists
in whole or in part of one's own name,
with
or
without authority, in any capacity for
any
purpose.
g. Investment
Company means any investment company
registered
under the Investment Company Act of
1940
and
listed under the NAME OF ASSURED 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 defined in Section 37 of the
Investment
Company Act of 1940.
j. Property
means money, revenue and other stamps;
securities;
including any note, stock, treasury
stock,
bond, debenture, evidence of
indebtedness,
certificate of deposit,
certificate
of interest 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,
any
interest or instruments commonly known as a
security
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; bills of exchange;
acceptances;
checks; withdrawal orders; money
orders;
travelers' letters of credit; bills of
lading;
abstracts of title; insurance policies,
deeds,
mortgages on real estate and/or upon
chattels
and interests therein; assignments of
such
policies, deeds or mortgages; other
valuable
papers, including books of accounts
and
other
records used by the ASSURED in the
conduct
of its business (but excluding all
electronic
data processing records); and, all
other
instruments similar to or in the nature
of
the
foregoing in which the ASSURED acquired
an
interest at the time of the ASSURED'S
consolidation
or merger with, or purchase of
the
principal assets of, a predecessor or which
are
held
by the ASSURED for any purpose or in
any
capacity and whether so held gratuitously
or
not
and whether or not the ASSURED is liable
therefor.
k. Relative
means the spouse of an Employee or
partner
of the ASSURED and any unmarried child
supported
wholly by, or living in the home of,
such
Employee or partner and being related to
them
by
blood, marriage or legal guardianship.
l. Securities,
documents or other written
instruments
means original (including original
counterparts)
negotiable or non-negotiable
instruments,
or assignments thereof, which in
and
of
themselves represent an equitable
interest,
ownership, or debt and which are in
the
ordinary course of business transferable by
delivery
of such instruments with any necessary
endorsements
or assignments.
Conditions
And
Limitations
Definitions
(continued)
m. Subsidiary
means any organization that, at the
inception
date of this Bond, is named in the
APPLICATION
or is created during the BOND
PERIOD
and of which more than fifty percent
(50%)
of
the outstanding securities or voting
rights
representing the present right to vote
for
election of directors is owned or
controlled
by the ASSURED either directly or
through
one or more of its subsidiaries.
n. Transportation
Company means any organization
which
provides its own or its leased vehicles
for
transportation or which provides freight
forwarding
or air express services.
o. Voice
Initiated Election means any election
concerning
dividend options available to
Investment
Company shareholders or subscribers
which
is
requested by voice over the telephone.
p. Voice
Initiated Redemption means any redemption
of
shares
issued by an Investment Company which
is
requested by voice over the telephone.
q. Voice
Initiated Funds Transfer Instruction
means
any
Voice Initiated Redemption or Voice
Initiated
Election.
For
the
purposes of these definitions, the
singular
includes the plural and the plural
includes
the singular, unless otherwise indicated.
General
Exclusions
-
Applicable to All
Insuring
Clauses
2. This
bond
does not directly or indirectly cover:
a. loss
not
reported to the COMPANY in writing
within
sixty (60) days after termination of
this
Bond
as an entirety;
b. 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. This Section 2.b.,
however,
shall not apply to loss which occurs
in
transit in the circumstances recited in
INSURING
CLAUSE 3., provided that when such
transit
was initiated there was no knowledge on
the
part
of any person acting for the ASSURED
of
such
riot, civil commotion, military, naval
or
usurped power, war or insurrection;
c. loss
resulting from the effects of nuclear
fission
or fusion or radioactivity;
d. loss
of
potential income including, but not
limited
to, interest and dividends not realized
by
the
ASSURED or by any customer of the
ASSURED;
e. damages
of any type for which the ASSURED is
legally
liable, except compensatory damages,
but
not
multiples thereof, arising from a loss
covered
under this Bond;
f. costs,
fees and expenses incurred by the
ASSURED
in establishing the existence of or
amount
of
loss under this Bond, except to the
extent
covered under INSURING CLAUSE 11.;
g. loss
resulting from indirect or consequential
loss
of
any nature;
Conditions
And
Limitations
General
Exclusions
-
Applicable to All
Insuring
Clauses
(continued)
h. loss
resulting from dishonest acts by any
member
of
the Board of Directors or Board of
Trustees
of the ASSURED who is not an Employee,
acting
alone or in collusion with others;
i. loss,
or
that part of any loss, resulting
solely
from any violation by the ASSURED or by
any
Employee:
(1) of
any
law regulating:
a. the
issuance, purchase or sale of
securities,
b. securities
transactions on security or
commodity
exchanges or the over the
counter
market,
c. investment
companies,
d. investment
advisors, or
(2) of
any
rule or regulation made pursuant to
any
such
law; or
j. loss
of
confidential information, material or
data;
k. loss
resulting from voice requests or
instructions
received over the telephone,
provided
however, this Section 2.k. shall not
apply
to
INSURING CLAUSE 7. or 9.
Specific
Exclusions
-
Applicable To All
Insuring
Clauses
Except
Insuring
Clause
1.
3. This
Bond
does not directly or indirectly cover:
a. loss
caused by an Employee, provided, however,
this
Section 3.a. shall not apply to loss
covered
under INSURING CLAUSE 2. or 3. which
results
directly from misplacement, mysterious
unexplainable
disappearance, or damage or
destruction
of Property;
b. loss
through the surrender of property away
from
premises of the ASSURED as a result of a
threat:
(1) to
do
bodily harm to any natural person,
except
loss of Property in transit in the
custody
of any person acting as messenger
of
the
ASSURED, provided that when such
transit
was initiated there was no
knowledge
by the ASSURED of any such
threat,
and provided further that this
Section
3.b. shall not apply to INSURING
CLAUSE
7., or
(2) to
do
damage to the premises or Property of
the
ASSURED;
c. loss
resulting from payments made or
withdrawals
from any account involving
erroneous
credits to such account;
d. loss
involving Items of Deposit which are not
finally
paid for any reason provided however,
that
this
Section 3.d. shall not apply to
INSURING
CLAUSE 10.;
e. loss
of
property while in the mail;
Conditions
And
Limitations
Specific
Exclusions
-
Applicable To All
Insuring
Clauses
Except
Insuring
Clause
1.
(continued)
f. 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 ASSURED provided
further
that this Section 3.f. shall not apply
to
loss
of Property resulting directly from
robbery,
burglary, misplacement, mysterious
unexplainable
disappearance, damage,
destruction
or removal from the possession,
custody
or control of the ASSURED.
g. loss
of
Property while in the custody of a
Transportation
Company, provided however, that
this
Section 3.g. shall not apply to INSURING
CLAUSE
3.;
h. loss
resulting from entries or changes made by
a
natural
person with authorized access to a
Computer
System who acts in good faith on
instructions,
unless such instructions are
given
to
that person by a software contractor
or
its
partner, officer, or employee authorized
by
the
ASSURED to design, develop, prepare,
supply,
service, write or implement programs
for
the
ASSURED's Computer System; or
i. loss
resulting directly or indirectly from the
input
of
data into a Computer System terminal,
either
on
the premises of the customer of the
ASSURED
or under the control of such a
customer,
by a customer or other person who had
authorized
access to the customer's
authentication
mechanism.
Specific
Exclusions
-
Applicable To All
Insuring
Clauses
Except
Insuring
Clauses
1., 4., And
5.
4. This
bond
does not directly or indirectly cover:
a. 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;
provided,
however, this Section 4.a. shall not
apply
to
INSURING CLAUSE 8.;
b. loss
resulting from forgery or any alteration;
c. loss
involving a counterfeit provided, however,
this
Section 4.c. shall not apply to INSURING
CLAUSE
5.
or 6.
Limit
Of
Liability/Non-
Reduction
And Non-
Accumulation
Of
Liability
5. At
all
times prior to termination of this Bond,
this
Bond
shall continue in force for the limit
stated
in
the applicable sections of ITEM 2. of
the
DECLARATIONS, notwithstanding any previous
loss
for
which the COMPANY may have paid or be
liable
to
pay under this Bond provided, however,
that
the
liability of the COMPANY under this Bond
with
respect to all loss resulting from:
a. any
one
act of burglary, robbery or hold-up, or
attempt
thereat, in which no Employee is
concerned
or implicated, or
b. any
one
unintentional or negligent act on the
part
of
any one person resulting in damage to
or
destruction or misplacement of Property, or
c. all
acts,
other than those specified in a.
above,
of
any one person, or
Conditions
And
Limitations
Limit
Of
Liability/Non-
Reduction
And Non-
Accumulation
Of
Liability
(continued)
d. any
one
casualty or event other than those
specified
in a., b., or c. above,
shall
be
deemed to be one loss and shall be
limited
to the applicable LIMIT OF LIABILITY
stated
in
ITEM 2. 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.
All
acts,
as specified in c. above, of any one
person
which
i. directly
or indirectly aid in any way wrongful
acts
of
any other person or persons, or
ii. 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.
Discovery
6. This
Bond
applies only to loss first discovered by
an
officer of the ASSURED during the BOND PERIOD.
Discovery
occurs at the earlier of an officer of
the
ASSURED being aware of:
a. facts
which may subsequently result in a loss
of
a type
covered by this Bond, or
b. an
actual
or potential claim in which it is
alleged
that the ASSURED is liable to a third
party,
regardless
of when the act or acts causing or
contributing
to such loss occurred, even though
the
amount of loss does not exceed the applicable
DEDUCTIBLE
AMOUNT, or the exact amount or details
of
loss
may not then be known.
Notice
To
Company -
Proof
-
Legal
Proceedings
Against
Company
7. a. The
ASSURED shall give the COMPANY notice
thereof
at the earliest practicable moment, not
to
exceed
sixty (60) days after discovery of
loss,
in
an amount that is in excess of 50% of
the
applicable DEDUCTIBLE AMOUNT, as stated in
ITEM
2.
of the DECLARATIONS.
b. The
ASSURED shall furnish to the COMPANY proof
of
loss,
duly sworn to, with full particulars
within
six (6) months after such discovery.
c. Securities
listed in a proof of loss shall be
identified
by certificate or bond numbers, if
issued
with them.
d. 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 COMPANY or
after
the
expiration of twenty-four (24) months
from
the
discovery of such loss.
e. This
Bond
affords coverage only in favor of the
ASSURED.
No claim, suit, action or legal
proceedings
shall be brought under this Bond by
anyone
other than the ASSURED.
Conditions
And
Limitations
Notice
To
Company -
Proof
-
Legal
Proceedings
Against
Company
(continued)
f. Proof
of
loss involving Voice Initiated Funds
Transfer
Instruction shall include electronic
recordings
of such instructions.
Deductible
Amount
8. The
COMPANY shall not be liable under any INSURING
CLAUSES
of this Bond on account of loss unless the
amount
of
such loss, after deducting the net
amount
of
all reimbursement and/or recovery
obtained
or made by the ASSURED, other than from
any
Bond
or policy of insurance issued by an
insurance
company and covering such loss, or by
the
COMPANY on account thereof prior to payment by
the
COMPANY of such loss, shall exceed the
DEDUCTIBLE
AMOUNT set forth in ITEM 3. of the
DECLARATIONS,
and then for such excess only, but
in
no
event for more than the applicable LIMITS OF
LIABILITY
stated in ITEM 2. of the DECLARATIONS.
There
shall be no deductible applicable to any
loss
under INSURING CLAUSE 1. sustained by any
Investment
Company.
Valuation
9. BOOKS
OF
ACCOUNT OR OTHER RECORDS
The
value
of any loss of Property consisting of
books
of
account or other records used by the
ASSURED
in the conduct of its business shall be
the
amount paid by the ASSURED 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 ASSURED for the actual
transcription
or copying of data to reproduce such
books
of
account or other records.
The
value
of any loss of Property other than books
of
account or other records used by the ASSURED in
the
conduct of its business, for which a claim is
made
shall be determined by the average market
value
of
such Property on the business day
immediately
preceding discovery of such loss
provided,
however, that the value of any Property
replaced
by the ASSURED with the consent of the
COMPANY
and prior to the settlement of any claim
for
such
Property shall be the actual market value
at
the
time of replacement.
In
the
case of a loss 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 of them shall be the market
value
of
such privileges immediately preceding
their
expiration if said loss 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.
OTHER
PROPERTY
The
value
of any loss of Property, other than as
stated
above, shall be the actual cash value or
the
cost
of repairing or replacing such Property
with
Property of like quality and value, whichever
is
less.
Conditions
And
Limitations
(continued)
Securities
Settlement
10. In
the
event of a loss of securities covered under
this
Bond, the COMPANY may, at its sole
discretion,
purchase replacement securities,
tender
the value of the securities in money, or
issue
its
indemnity to effect replacement
securities.
The
indemnity required from the ASSURED under the
terms
of
this Section against all loss, cost or
expense
arising from the replacement of securities
by
the
COMPANY'S indemnity shall be:
a. for
securities having a value less than or
equal
to
the applicable DEDUCTIBLE AMOUNT - one
hundred
(100%) percent;
b. for
securities having a value in excess of the
DEDUCTIBLE
AMOUNT but within the applicable
LIMIT
OF
LIABILITY - the percentage that the
DEDUCTIBLE
AMOUNT bears to the value of the
securities;
c. for
securities having a value greater than the
applicable
LIMIT OF LIABILITY - the percentage
that
the
DEDUCTIBLE AMOUNT and portion in
excess
of
the applicable LIMIT OF LIABILITY
bears
to
the value of the securities.
The
value
referred to in Section 10.a., b., and c.
is
the
value in accordance with Section 9,
VALUATION,
regardless of the value of such
securities
at the time the loss under the
COMPANY'S
indemnity is sustained.
The
COMPANY is not required to issue its indemnity
for
any
portion of a loss of securities which is
not
covered by this Bond; however, the COMPANY may
do
so as
a courtesy to the ASSURED and at its sole
discretion.
The
ASSURED shall pay the proportion of the
Company's
premium charge for the Company's
indemnity
as set forth in Section 10.a., b., and
c.
No
portion of the LIMIT OF LIABILITY shall be
used
as
payment of premium for any indemnity
purchased
by the ASSURED to obtain replacement
securities.
Subrogation
-
Assignment
-
Recovery
11. In
the
event of a payment under this Bond, the
COMPANY
shall be subrogated to all of the
ASSURED'S
rights of recovery against any person or
entity
to
the extent of such payment. On request,
the
ASSURED shall deliver to the COMPANY an
assignment
of the ASSURED'S rights, title and
interest
and causes of action against any person
or
entity
to the extent of such payment.
Recoveries,
whether effected by the COMPANY or by
the
ASSURED, shall be applied net of the expense
of
such
recovery in the following order:
a. first,
to
the satisfaction of the ASSURED'S
loss
which would otherwise have been paid but
for
the
fact that it is in excess of the
applicable
LIMIT OF LIABILITY,
b. second,
to the COMPANY in satisfaction of
amounts
paid in settlement of the ASSURED'S
claim,
c. third,
to
the ASSURED in satisfaction of the
applicable
DEDUCTIBLE AMOUNT, and
Conditions
And
Limitations
Subrogation
-
Assignment
-
Recovery
(continued)
d. fourth,
to the ASSURED in satisfaction of any
loss
suffered by the ASSURED which was not
covered
under this Bond.
Recovery
from reinsurance or indemnity of the
COMPANY
shall not be deemed a recovery under this
section.
Cooperation
Of
Assured
12. At
the
COMPANY'S request and at reasonable times
and
places designated by the COMPANY, the ASSURED
shall:
a. submit
to
examination by the COMPANY and
subscribe
to the same under oath,
b. produce
for the COMPANY'S examination all
pertinent
records, and
c. cooperate
with the COMPANY in all matters
pertaining
to the loss.
The
ASSURED shall execute all papers and render
assistance
to secure to the COMPANY the rights and
causes
of
action provided for under this Bond.
The
ASSURED shall do nothing after loss to
prejudice
such rights or causes of action.
Termination
13. If
the
Bond is for a sole ASSURED, it shall not be
terminated
unless written notice shall have been
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.
If
the
Bond is for a joint ASSURED, it shall not
be
terminated unless written notice shall have
been
given by the acting party to the affected
party,
and by the COMPANY to all ASSURED
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.
This
Bond
will terminate as to any one ASSURED,
other
than an Investment Company:
a. immediately
on the taking over of such ASSURED
by
a
receiver or other liquidator or by State
or
Federal officials, or
b. immediately
on the filing of a petition under
any
State
or Federal statute relative to
bankruptcy
or reorganization of the ASSURED, or
assignment
for the benefit of creditors of the
ASSURED,
or
c. immediately
upon such ASSURED ceasing to exist,
whether
through merger into another entity,
disposition
of all of its assets or otherwise.
The
COMPANY shall refund the unearned premium
computed
at short rates in accordance with the
standard
short rate cancellation tables if
terminated
by the ASSURED or pro rata if
terminated
for any other reason.
Conditions
And
Limitations
Termination
(continued)
If
any
partner, director, trustee, or officer or
supervisory
employee of an ASSURED not acting in
collusion
with an Employee learns of any dishonest
act
committed by such Employee at any time,
whether
in the employment of the ASSURED or
otherwise,
whether or not such act is of the type
covered
under this Bond, and whether against the
ASSURED
or any other person or entity, the
ASSURED:
a. shall
immediately remove such Employee from a
position
that would enable such Employee to
cause
the
ASSURED to suffer a loss covered by
this
Bond; and
b. within
forty-eight (48) hours of learning that
an
Employee has committed any dishonest act,
shall
notify the COMPANY, of such action and
provide
full particulars of such dishonest act.
The
COMPANY may terminate coverage as respects any
Employee
sixty (60) days after written notice is
received
by each ASSURED Investment Company and
the
Securities and Exchange Commission,
Washington,
D.C. of its desire to terminate this
Bond
as
to such Employee.
Other
Insurance
14. Coverage
under this Bond shall apply only as
excess
over any valid and collectible insurance,
indemnity
or suretyship obtained by or on behalf
of:
a. the
ASSURED,
b. a
Transportation Company, or
c. another
entity on whose premises the loss
occurred
or which employed the person causing
the
loss
or engaged the messenger conveying the
Property
involved.
Conformity
15. If
any
limitation within this Bond is prohibited
by
any
law controlling this Bond's construction,
such
limitation shall be deemed to be amended so
as
to
equal the minimum period of limitation
provided
by such law.
Change
or
Modification
16. This
Bond
or any instrument amending or affecting
this
Bond
may not be changed or modified orally.
No
change
in or modification of this Bond shall be
effective
except when made by written endorsement
to
this
Bond signed by an authorized
representative
of the COMPANY.
If
this
Bond is for a sole ASSURED, no change or
modification
which would adversely affect the
rights
of
the ASSURED shall be effective prior to
sixty
(60) days after written notice has been
furnished
to the Securities and Exchange
Commission,
Washington, D.C., by the acting party.
Conditions
And
Limitations
Change
or
Modification
(continued)
If
this
Bond is for a joint ASSURED, no charge or
modification
which would adversely affect the
rights
of
the ASSURED shall be effective prior to
sixty
(60) days after written notice has been
furnished
to all insured Investment Companies and
to
the
Securities and Exchange Commission,
Washington,
D.C., by the COMPANY.
ICAP
Bond
(5-98)
Form
17-02-1421 (Ed. 5-98) Page
34
of 19
ICAP
Bond
(5-98)
Form
17-02-1421 (Ed. 5-98) Page
35
of 19
ICAP
Bond
(5-98)
Form
17-02-1421 (Ed. 5-98) Page
1 of
19
Chubb
Group of Insurance Companies DECLARATIONS
FINANCIAL
INSTITUTION INVESTMENT
15
Mountain View Road, Warren, New Jersey 07059
COMPANY
ASSET PROTECTION BOND
NAME
OF
ASSURED (including its Subsidiaries): Bond
Number:
81906663
TAIWAN
GREATER CHINA FUND
FEDERAL
INSURANCE
COMPANY
C/O
BROWN
BROTHERS HARRIMAN & CO. Incorporated
under
the
laws of Indiana
BOSTON,
MA 02109 a
stock
insurance
company
herein called the COMPANY
Capital
Center,
251
North
Illinois, Suite 1100
Indianapolis,
IN
46204-1927
ITEM
1. BOND
PERIOD: from
12:01
a.m. on June
12,
2006
to
12:01
a.m. on June
12,
2007
ITEM
2. LIMITS
OF
LIABILITY—DEDUCTIBLE AMOUNTS:
If
“Not
Covered” is inserted below opposite any
specified
INSURING CLAUSE, such INSURING CLAUSE and
any
other
reference shall be deemed to be deleted.
There
shall be no deductible applicable to any loss
under
INSURING CLAUSE 1. sustained by any Investment
Company.
DEDUCTIBLE
INSURING
CLAUSE LIMIT
OF
LIABILITY
AMOUNT
1. Employee $ 1,000,000
$ 50,000
2. On
Premises $ 1,000,000 $ 50,000
3. In
Transit $ 1,000,000 $ 50,000
4. Forgery
or Alteration $ 1,000,000 $ 50,000
5. Extended
Forgery $ 1,000,000 $ 50,000
6. Counterfeit
Money $ 1,000,000 $ 50,000
7. Threats
to Person $ NOT
COVERED $ NOT
COVERED
8. Computer
System $ 1,000,000 $ 50,000
9. Voice
Initiated Funds Transfer Instruction $
1,000,000 $ 50,000
10 Uncollectible
Items of Deposit $ 25,000 $ 5,000
11. Audit
Expense $ 25,000 $ 5,000
ITEM
3. THE
LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE
FOLLOWING
ENDORSEMENTS
EXECUTED SIMULTANEOUSLY HEREWITH:
1)
Revise
Item 2., 2) Delete Valuation-Other Property Endorsement,
3)
Compliance with Applicable Trade Sanction Laws, 4) Termination-
Nonrenewal-Notice,
5) Stop Payment Order Or Refusal to Pay Check
Endorsement,
6) Unauthorized Signature Endorsement
IN
WITNESS WHEREOF, THE COMPANY has caused this Bond to be signed by its
authorized
officers, but it shall not be valid unless also signed by an
authorized
representative of the Company.
Secretary
President
Countersi
gned
by
Authorized
Representative
Form
17-02-1320 (Ed. XX-XX) Page
2 of
2
ICAP
Bond
(5-98) - Federal
Form
17-02-1421 (Ed. 5-98) Page
1 of
1
FEDERAL
INSURANCE COMPANY
Endorsement
No.: 2
Bond
Number: 81906663
NAME
OF
ASSURED: TAIWAN
GREATER CHINA FUND
DELETING
VALUATION-OTHER PROPERTY ENDORSEMENT
It
is
agreed that this Bond is amended by deleting in its entirety
the
paragraph titled Other Property in Section 9., Valuation.
This
Endorsement applies to loss discovered after 12:01 a.m. on
June
12,
2006.
ALL
OTHER
TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 8,
2006
By
Authorized
Representative
ICAP
Bond
Form
17-02-2437 (Ed. 1-01)
Effective
date of
this
endorsement: June 12, 2006 FEDERAL
INSURANCE COMPANY
Endorsement
No.: 3
To
be
attached to and form a part of Bond
Number:
81906663
Issued
to: TAIWAN
GREATER CHINA FUND
COMPLIANCE
WITH APPLICABLE TRADE SANCTION LAWS RIDER
It
is
agreed that this insurance does not apply to the extent that
trade
or
economic sanctions or other laws or regulations prohibit
the
coverage provided by this insurance.
ALL
OTHER
TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 8,
2006
By
Authorized
Representative
Form
14-02-9228 (Ed. 4/2004)
FEDERAL
INSURANCE COMPANY
Endorsement
No: 4
Bond
Number: 81906663
NAME
OF
ASSURED: TAIWAN
GREATER CHINA FUND
TERMINATION-NONRENEWAL-NOTICE
ENDORSEMENT
It
is
agreed that this Bond is amended as follows:
1. By
adding
to Section 13., Termination, the following:
“Termination
By The Company
Bonds
In
Effect For More Than Sixty (60) Days
If
this
Bond has been in effect for more than sixty (60) days,
or,
if
this Bond is a renewal, the COMPANY may terminate by
providing
written notice of cancellation at least sixty
(60)
days
before the effective date of termination for at
least
one
of the following reasons:
1. Nonpayment
of premium;
2. Discovery
of fraud or material misrepresentation in
obtaining
this Bond or in the presentation of a claim
thereunder;
3. Discovery
of willful or reckless acts or omissions or
violation
of any provision of this Bond on the part of the
ASSURED
which substantially and materially increases any
hazard
insured against, and which occurred subsequent to the
inception
of the current BOND PERIOD;
4. Conviction
of the ASSURED of a crime arising out of acts
increasing
the hazard insured against;
5. Material
change in the risk which increases the risk of
loss
after insurance coverage has been issued or renewed,
except
to
the extent that the COMPANY should reasonably have
foreseen
the change, or contemplated the risk when the
contract
was written;
6. Determination
by the Commissioner that the continuation of
the
Bond
would jeopardize a COMPANY'S solvency or would
place
the
COMPANY in violation of the insurance laws of any
state;
7. Determination
by the Commissioner that continuation of the
present
premium volume of the COMPANY would jeopardize the
COMPANY'S
policyholders, creditors or the public;
8. Such
other reasons that are approved by the Commissioner;
9. Determination
by the Commissioner that the COMPANY no
longer
has adequate reinsurance to meet the ASSUREDS needs;
10. Substantial
breaches of contractual duties, conditions or
warranties;
or
11. Unfavorable
underwriting facts, specific to the ASSURED,
existing
that were not present at the inception of the
Bond.
Bonds
In
Effect Sixty (60) Days Or Less
If
this
Bond has been in effect for sixty (60) days or less,
and
it is
not a renewal Bond, the COMPANY may terminate for
any
reason by providing written notice of termination at
least
sixty (60) days before the effective date of
termination.
Notice
Of
Termination
Notice
of
termination under this Section shall be mailed or
delivered,
by certified mail, return receipt provided by
the
United States Postal Service, to the ASSURED and to the
authorized
agent or broker, if any, at least sixty (60)
days
prior to the effective date of cancellation at the
address
shown on the DECLARATIONS of this Bond.
If
this
Bond is cancelled for nonpayment of premium, the
COMPANY
will mail or deliver, by certified mail, return
receipt
provided by the United States Postal Service, a
written
notice at least thirty (30) days before the
effective
date of cancellation. The cancellation notice
shall
contain information regarding the amount of premium
due
and
the due date, and shall state the effect of
nonpayment
by the due date. Cancellation shall not be
effective
if payment of the amount due is made prior to the
effective
date of cancellation.
All
notice of cancellation shall state the reason(s) for
cancellation.
There
is
no liability on the part of, and no cause of action
of
any
nature shall arise against, the COMPANY, its authorized
representatives,
its employees, or any firm, person or
corporation
furnishing to the COMPANY, information relating to
the
reasons for cancellation or nonrenewal, for any statement
made
by
them in complying or enabling the COMPANY to comply
with
this
Section, for the provision of information pertaining
thereto,
or for statements made or evidence submitted at any
hearings
conducted in connection therewith, if such
information
was provided in good faith and without malice.
Notice
Of
Nonrenewal
If
the
COMPANY elects not to renew this Bond, the COMPANY
shall
mail or deliver written notice, by certified mail,
return
receipt, provided by the United States Postal
Service,
to the ASSURED, at his last known address, at
least
sixty (60) days before the expiration date or before
the
anniversary date, if this Bond has been written for a
term
of
more than one (1) year. Such notice shall also be
mailed
to
the ASSURED'S agent or broker, if any.
Such
notice shall contain all of the following:
a. Bond
Number:
b. Date
of
Notice;
c. Reason
for Cancellation;
d. Expiration
Date of the Bond;
e. Effective
Date and Hour of Cancellation.
Notice
of
nonrenewal shall not be required if the COMPANY or
a
COMPANY
within the same insurance group has offered to
issue
a
renewal Bond, the ASSURED has obtained replacement
coverage
or has agreed in writing to obtain replacement
coverage,
the ASSURED has requested or agreed to nonrenewal,
or
the
Bond is expressly designated as nonrenewable.
Return
Premium Calculations
Any
unearned premiums which have been paid by the ASSURED
shall
be
refunded to the ASSURED on a pro rata basis if
terminated
by the COMPANY or the ASSURED. The unearned
premiums
shall be refunded to the ASSURED within forty-five
(45)
days
of receipt of the request for cancellation or the
effective
date of cancellation, whichever is later.
Conditional
Renewal
If
the
COMPANY offers or purports to renew the Bond, but on
less
favorable terms or at higher rates, the new terms or
higher
premiums may take effect on the renewal date, if the
COMPANY
mails or delivers by certified mail, return receipt
provided
by the United States Postal Service, to the
ASSURED,
notice of the new terms or premiums at least sixty
(60)
days
prior to the renewal date. If the COMPANY
notifies
the ASSURED within sixty (60) days prior to the
renewal
date, the new terms or premiums do not take effect
until
sixty (60) days after the notice is mailed or
delivered,
in which case, the ASSURED may elect to cancel
the
renewal Bond within the sixty (60) day period. If the
COMPANY
does not notify the ASSURED of the new terms or
premiums,
the COMPANY shall continue the Bond at the
expiring
terms and premiums until notice is given or until
the
effective date of replacement coverage is obtained by
the
ASSURED, whichever occurs first.”
2. It
is
further understood and agreed that for the purposes of
Section
13., Termination, any occurrence listed in this
Section
shall be considered to be a request by the ASSURED to
immediately
terminate this Bond.
This
Endorsement applies to loss discovered after 12:01 a.m. on
June
12,
2006.
ALL
OTHER
TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 8, 2006
By
Authorized
Representative
ICAP
Bond
Form
17-02-1360 (Rev. 10-99) Page
1
FEDERAL
INSURANCE COMPANY
Endorsement
No.: 5
Bond
Number: 81906663
NAME
OF
ASSURED: TAIWAN
GREATER CHINA FUND
UNAUTHORIZED
SIGNATURE ENDORSEMENT
It
is
agreed that this Bond is amended as follows:
1. By
adding
the following INSURING CLAUSE:
12. Unauthorized
Signature
Loss
resulting directly from the ASSURED having accepted,
paid
or
cashed any check or Withdrawal Order made or drawn on
or
against the account of the ASSURED’S customer which bears
the
signature or endorsement of one other than a person whose
name
and
signature is on file with the ASSURED as a signatory
on
such
account.
It
shall
be a condition precedent to the ASSURED'S right of
recovery
under this INSURING CLAUSE that the ASSURED shall
have
on
file signatures of all the persons who are
signatories
on such account.
2. By
adding
to Section 1., Definitions, the following:
r. Instruction
means a written order to the issuer of an
Uncertificated
Security requesting that the transfer, pledge
or
release from pledge of the specified Uncertificated
Security
be registered.
s. Uncertificated
Security means a share, participation or
other
interest in property of or an enterprise of the issuer
or
an
obligation of the issuer, which is:
(1) not
represented by an instrument and the transfer of
which
is
registered on books maintained for that purpose
by
or on
behalf of the issuer, and
(2) of
a type
commonly dealt in on securities exchanges or
markets,
and
(3) either
one of a class or series or by its terms
divisible
into a class or series of shares,
participations,
interests or obligations.
t. Withdrawal
Order means a non-negotiable instrument, other
than
an
Instruction, signed by a customer of the ASSURED
authorizing
the ASSURED to debit the customer’s account in
the
amount of funds stated therein.
This
Endorsement applies to loss discovered after 12:01 a.m. on
June
12,
2006.
ALL
OTHER
TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 8,
2006
By
Authorized
Representative
ICAP
Bond
Form
17-02-5602 (Ed. 10-03) Page
1 of
2
FEDERAL
INSURANCE COMPANY
Endorsement
No.: 6
Bond
Number: 81906663
NAME
OF
ASSURED: TAIWAN
GREATER CHINA FUND
STOP
PAYMENT ORDER OR REFUSAL TO PAY CHECK ENDORSEMENT
It
is
agreed that this Bond is amended as follows:
1. By
adding
the following INSURING CLAUSE:
“13. Stop
Payment Order or
Refusal
to Pay Check
Loss
resulting directly from the ASSURED being legally liable to
pay
compensatory damages for:
a. complying
or failing to comply with notice from any
customer
of the ASSURED or any authorized representative of
such
customer, to stop payment on any check or draft made or
drawn
upon or against the ASSURED by such customer or by any
authorized
representative of such customer, or
b. refusing
to pay any check or draft made or drawn upon or
against
the ASSURED by any customer of the ASSURED or by any
authorized
representative of such customer.”
2. By
adding
the following Specific Exclusion:
“Section
4.A. Specific Exclusions - Applicable to INSURING CLAUSE
13
This
Bond
does not directly or indirectly cover:
a. liability
assumed by the ASSURED by agreement under any
contract,
unless such liability would have attached to the
ASSURED
even in the absence of such agreement,
b. loss
arising out of:
(1) libel,
slander, wrongful entry, eviction, defamation,
false
arrest, false imprisonment, malicious
prosecution,
assault or battery,
(2) sickness,
disease, physical bodily harm, mental or
emotional
distress or anguish, or death of any person, or
(3) discrimination.”
This
Endorsement applies to loss discovered after 12:01 a.m. on
June
12,
2006.
ALL
OTHER
TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 8,
2006
By
Authorized
Representative
ICAP
Bond
Form
17-02-2365 (Ed. 10-00)
TAIWAN
GREATER CHINA FUND
Certificate
of Secretary
I,
Amy L
Morris, Assistant Secretary of the Taiwan Greater China Fund (the “Trust”),
hereby certify on behalf of the Trust as follows:
1. |
Submitted
herewith is a copy of the most recent received Fidelity Bond (the
“Bond”)
procured by the Trust, in the amount of $1,000,000 and in the form
required by Rule 17g-1 under the Investment Company Act of 1940,
as
amended (the “1940 Act”).
|
2. |
Attached
hereto as Exhibit A, is a copy of resolutions approving the form
and
amount of the Bond, unanimously adopted by the Board of Trustees
of the
Trust, including a majority of such Trustees who are not “interested
persons” , as defined in the 1940 Act, of the Trust, at their meeting on
June 21, 2006.
|
3. |
The
premium with respect to the Bond has been paid for the period from
approximately June 12, 2006 to June 12,
2007.
|
/s/
Amy L. Morris
Amy
L.
Morris
Dated:
August 16, 2006
Exhibit
A
TAIWAN
GREATER CHINA FUND
RESOLUTIONS
Adopted
at the Meeting of
The
Board
of Trustees on
June
21,
2006
RESOLVED: that
the
Fidelity Bond (the “Bond”) written by Chubb/Executive Risk Specialty Insurance
Company in the amount of $1.0 million covering, among others, officers and
employees of the Trust, in accordance with the requirements of Rule 17g-1
promulgated by the Securities and Exchange Commission (“SEC”) under Section
17(g) of the Investment Company Act of 1940, is reasonable in form and amount
after having given due consideration to, among other things, the value of
the
aggregate assets of the Trust to which any person covered under the Bond
may
have access, the type and terms of the arrangements made for the custody
and
safekeeping of assets of the Trust, the nature of the securities held by
the
Trust;
RESOLVED:
that
the
payment of the premium in the amount of $3,000 for the Bond is ratified,
approved and confirmed;
RESOLVED: that
the
Chief Executive Officer of the Trust be, and hereby is, authorized and directed
to prepare and file or cause to be prepared and filed the Bond and such other
materials deemed necessary and appropriate, in accordance with the requirements
of Rule 17g-1 promulgated by the United States Securities and Exchange
Commission (“SEC”) under Section 17(g) of the Investment Company Act of 1940, as
amended.