The maximum liability of the Underwriter hereunder for lost Securities shall be the payment for, or replacement of, such Securities having an aggregate value not to exceed the applicable Limit of Liability. If the Underwriter shall make payment to the Insured for any loss of securities, the Insured shall assign to the Underwriter all of the Insured’s right, title and interest in and to such Securities. In lieu of such payment, the Underwriter may, at its option, replace such lost Securities, and in such case the Insured shall cooperate to effect such replacement. To effect the replacement of lost Securities, the Underwriter may issue or arrange for the issuance of a lost instrument bond. If the value of such Securities does not exceed the applicable Deductible Amount (at the time of the discovery of the loss), the Insured will pay the usual premium charged for the lost instrument bond and will indemnify the issuer of such bond against all loss and expense that it may sustain because of the issuance of such bond.
If the value of such Securities exceeds the applicable Deductible Amount (at the time of discovery of the loss), the Insured will pay a proportion of the usual premium charged for the lost instrument bond, equal to the percentage that the applicable Deductible Amount bears to the value of such Securities upon discovery of the loss, and will indemnify the issuer of such bond against all loss and expense that is not recovered from the Underwriter under the terms and conditions of this Bond, subject to the applicable Limit of Liability.
If any recovery is made, whether by the Insured or the Underwriter, on account of any loss within the applicable Limit of Liability hereunder, the Underwriter shall be entitled to the full amount of such recovery to reimburse the Underwriter for all amounts paid hereunder with respect to such loss. If any recovery is made, whether by the Insured or the Underwriter, on account of any loss in excess of the applicable Limit of Liability hereunder plus the Deductible Amount applicable to such loss from any source other than suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Underwriter, the amount of such recovery, net of the actual costs and expenses of recovery, shall be applied to reimburse the Insured in full for the portion of such loss in excess of such Limit of Liability, and the remainder, if any, shall be paid first to reimburse the Underwriter for all amounts paid hereunder with respect to such loss and then to the Insured to the extent of the portion of such loss within the Deductible Amount. The Insured shall execute all documents which the Underwriter deems necessary or desirable to secure to the Underwriter the rights provided for herein.
Prior to its termination, this Bond shall continue in force up to the Limit of Liability for each Insuring Agreement for each Single Loss, notwithstanding any previous loss (other than such Single Loss) for which the Underwriter may have paid or be liable to pay hereunder; PROVIDED, however, that regardless of the number of years this Bond shall continue in force and the number of premiums which shall be payable or paid, the liability of the Underwriter under this Bond with respect to any
Single Loss shall be limited to the applicable Limit of Liability irrespective of the total amount of such Single Loss and shall not be cumulative in amounts from year to year or from period to period.
SECTION 10. MAXIMUM LIABILITY OF UNDERWRITER; OTHER BONDS OR POLICIES
The maximum liability of the Underwriter for any Single Loss covered by any Insuring Agreement under this Bond shall be the Limit of Liability applicable to such Insuring Agreement, subject to the applicable Deductible Amount and the other provisions of this Bond. Recovery for any Single Loss may not be made under more than one Insuring Agreement. If any Single Loss covered under this Bond is recoverable or recovered in whole or in part because of an unexpired discovery period under any other bonds or policies issued by the Underwriter to the Insured or to any predecessor in interest of the Insured, the maximum liability of the Underwriter shall be the greater of either (1) the applicable Limit of Liability under this Bond, or (2) the maximum liability of the Underwriter under such other bonds or policies.
SECTION 11. OTHER INSURANCE
Notwithstanding anything to the contrary herein, if any loss covered by this Bond shall also be covered by other insurance or suretyship for the benefit of the Insured, the Underwriter shall be liable hereunder only for the portion of such loss in excess of the amount recoverable under such other insurance or suretyship, but not exceeding the applicable Limit of Liability of this Bond.
SECTION 12. DEDUCTIBLE AMOUNT
The Underwriter shall not be liable under any Insuring Agreement unless the amount of the loss covered thereunder, after deducting the net amount of all reimbursement and/or recovery received by the Insured with respect to such loss (other than from any other bond, suretyship or insurance policy or as an advance by the Underwriter hereunder) shall exceed the applicable Deductible Amount; in such case the Underwriter shall be liable only for such excess, subject to the applicable Limit of Liability and the other terms of this Bond.
No Deductible Amount shall apply to any loss covered under Insuring Agreement A sustained by any Investment Company named as an Insured.
SECTION 13. TERMINATION
The Underwriter may terminate this Bond as to any Insured or all Insureds only by written notice to such Insured or Insureds and, if this Bond is terminated as to any Investment Company, to each such Investment Company terminated thereby and to the Securities and Exchange Commission, Washington, D.C., in all cases not less than sixty (60) days prior to the effective date of termination specified in such notice.
The Insured may terminate this Bond only by written notice to the Underwriter not less than sixty (60) days prior to the effective date of the termination specified in such notice. Notwithstanding the foregoing, when the Insured terminates this Bond as to any Investment Company, the effective date of termination shall be not less than sixty (60) days from the date the Underwriter provides written notice of the termination to each such Investment Company terminated thereby and to the Securities and Exchange Commission, Washington, D.C.
This Bond will terminate as to any Insured that is a Non-Fund immediately and without notice upon (1) the takeover of such Insured’s business by any State or Federal official or agency, or by any receiver or liquidator, or (2) 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.
Premiums are earned until the effective date of termination. The Underwriter shall refund the unearned premium computed at short rates in accordance with the Underwriter’s standard short rate cancellation tables if this Bond is terminated by the Insured or pro rata if this Bond is terminated by the Underwriter.
Upon the detection by any Insured that an Employee has committed any Dishonest or Fraudulent Act(s) or Theft, the Insured shall immediately remove such Employee from a position that may enable such Employee to cause the Insured to suffer a loss by any subsequent Dishonest or Fraudulent Act(s) or Theft. The Insured, within two (2) business days of such detection, shall notify the Underwriter with full and complete particulars of the detected Dishonest or Fraudulent Act(s) or Theft.
For purposes of this section, detection occurs when any partner, officer, or supervisory employee of any Insured, who is not in collusion with such Employee, becomes aware that the Employee has committed any Dishonest or Fraudulent Act(s) or Theft.
This Bond shall terminate as to any Employee by written notice from the Underwriter to each Insured and, if such Employee is an Employee of an Insured Investment Company, to the Securities and Exchange Commission, in all cases not less than sixty (60) days prior to the effective date of termination specified in such notice.
SECTION 14. RIGHTS AFTER TERMINATION
At any time prior to the effective date of termination of this Bond as to any Insured, such Insured may, by written notice to the Underwriter, elect to purchase the right under this Bond to an additional period of twelve (12) months within which to discover loss sustained by such Insured prior to the effective date of such termination and shall pay an additional premium therefor as the Underwriter may require.
Such additional discovery period shall terminate immediately and without notice upon the takeover of such Insured’s business by any State or Federal official or agency, or by any receiver or liquidator. Promptly after such termination the Underwriter shall refund to the Insured any unearned premium.
The right to purchase such additional discovery period may not be exercised by any State or Federal official or agency, or by any receiver or liquidator, acting or appointed to take over the Insured’s business.
SECTION 15. CENTRAL HANDLING OF SECURITIES
The Underwriter shall not be liable for loss in connection with the central handling of securities within the systems established and maintained by any Depository (‘‘Systems’’), unless the amount of such loss exceeds the amount recoverable or recovered under any bond or policy or participants’ fund insuring the Depository against such loss (the ‘‘Depository’s Recovery’’); in such case the Underwriter shall be liable hereunder only for the Insured’s share of such excess loss, subject to the applicable Limit of Liability, the Deductible Amount and the other terms of this Bond.
For determining the Insured’s share of such excess loss, (1) the Insured shall be deemed to have an interest in any certificate representing any security included within the Systems equivalent to the interest the Insured then has in all certificates representing the same security included within the Systems; (2) the Depository shall have reasonably and fairly apportioned the Depository’s Recovery among all those having an interest as recorded by appropriate entries in the books and records of the Depository in Property involved in such loss, so that each such interest shall share in the Depository’s Recovery in the ratio that the value of each such interest bears to the total value of all such interests; and (3) the Insured’s share of such excess loss shall be the amount of the Insured’s interest in such Property in excess of the amount(s) so apportioned to the Insured by the Depository.
This Bond does not afford coverage in favor of any Depository or Exchange or any nominee in whose name is registered any security included within the Systems.
SECTION 16. ADDITIONAL COMPANIES INCLUDED AS INSURED
If more than one entity is named as the Insured:
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the total liability of the Underwriter hereunder for each Single Loss shall not exceed the Limit of Liability which would be applicable if there were only one named Insured, regardless of the number of Insured entities which sustain loss as a result of such Single Loss, |
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the Insured first named in Item 1 of the Declarations shall be deemed authorized to make, adjust, and settle, and receive and enforce payment of, all claims hereunder as the agent of each other Insured for such purposes and for the giving or receiving of any notice required or permitted to be given hereunder; provided, that the Underwriter shall promptly furnish each named Insured Investment Company with (1) a copy of this Bond and any amendments thereto, (2) a copy of each formal filing of a claim hereunder by any other Insured, and (3) notification of the terms of the settlement of each such claim prior to the execution of such settlement, |
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the Underwriter shall not be responsible or have any liability for the proper application by the Insured first named in Item 1 of the Declarations of any payment made hereunder to the first named Insured, |
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for the purposes of Sections 4 and 13, knowledge possessed or discovery made by any partner, officer or supervisory Employee of any Insured shall constitute knowledge or discovery by every named Insured, |
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if the first named Insured ceases for any reason to be covered under this Bond, then the Insured next named shall thereafter be considered as the first named Insured for the purposes of this Bond, and |
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each named Insured shall constitute ‘‘the Insured’’ for all purposes of this Bond. |
SECTION 17. NOTICE AND CHANGE OF CONTROL
Within thirty (30) days after learning that there has been a change in control of an Insured by transfer of its outstanding voting securities the Insured shall give written notice to the Underwriter of:
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the names of the transferors and transferees (or the names of the beneficial owners if the voting securities are registered in another name), and |
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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 |
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the total number of outstanding voting securities. |
As used in this Section, ‘‘control’’ means the power to exercise a controlling influence over the management or policies of the Insured.
SECTION 18. CHANGE OR MODIFICATION
This Bond may only be modified by written Rider forming a part hereof over the signature of the Underwriter’s authorized representative. Any Rider which modifies the coverage provided by Insuring Agreement A, Fidelity, in a manner which adversely affects the rights of an Insured Investment Company shall not become effective until at least sixty (60) days after the Underwriter has given written notice thereof to the Securities and Exchange Commission, Washington, D.C., and to each Insured Investment Company affected thereby.
IN WITNESS WHEREOF, the Underwriter has caused this Bond to be executed on the Declarations Page.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 1
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that Item 1 of the Declarations, Name of Insured, shall include the following:
The Thai Fund, Inc.
The Turkish Investment Fund, Inc.
The Morgan Stanley High Yield Fund, Inc.
Morgan Stanley Emerging Markets Debt Fund, Inc.
Morgan Stanley India Investment Fund, Inc.
Morgan Stanley Global Opportunity Bond Fund, Inc.
The Latin American Discovery Fund, Inc.
Morgan Stanley Emerging Markets Fund, Inc.
Morgan Stanley Asia-Pacific Fund, Inc.
Morgan Stanley Eastern Europe Fund, Inc.
Morgan Stanley Institutional Fund, Inc., a series fund consisting of:
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Active Country Portfolio |
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Emerging Markets Debt Portfolio |
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Emerging Markets Portfolio |
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Global Equity Portfolio |
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Global Franchise Portfolio |
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International Equity Portfolio |
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International Growth Equity Portfolio |
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International Magnum Portfolio |
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International Real Estate Portfolio |
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International Small Cap Portfolio |
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Large Cap Relative Value Portfolio |
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Municipal Money Market Portfolio |
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Small Company Growth Portfolio |
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Systematic Large Cap Core Portfolio |
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Systematic Small Cap Core Portfolio |
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Systematic Small Cap Growth Portfolio |
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Systematic Small Cap Value Portfolio |
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U.S. Large Cap Growth Portfolio |
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U.S. Real Estate Portfolio |
The Universal Institutional Funds, Inc., a series fund consisting of:
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Emerging Markets Debt Portfolio |
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Emerging Markets Portfolio |
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Equity and Income Portfolio |
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Equity Growth Portfolio |
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Global Equity Portfolio |
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Global Franchise Portfolio |
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Global Real Estate Portfolio |
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International Growth Portfolio |
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International Magnum Portfolio |
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Mid Cap Growth Portfolio |
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Small Company Growth Portfolio |
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U.S. Mid Cap Value Portfolio |
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U.S. Real Estate Portfolio |
Morgan Stanley Institutional Fund Trust, a series fund consisting of:
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Core Fixed Income Portfolio |
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Core Plus Fixed Income Portfolio |
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Equities Plus Portfolio |
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Intermediate Duration Portfolio |
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International Fixed Income Portfolio |
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Investment Grade Fixed Income Portfolio |
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Limited Duration Portfolio |
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Mid Cap Growth Portfolio |
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US Mid-Cap Value Portfolio |
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US Small-Cap Value Portfolio |
Morgan Stanley Institutional Liquidity Funds, a series fund consisting of:
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 2
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INSURED |
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BOND NUMBER |
The Malaysia Fund, Inc. |
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88190106B |
EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that this Bond shall not cover any loss resulting from or in connection with (1) the acts or omissions of any custodian, clearing agency or depository located outside of the United States of America, or of any employee or agent of any such custodian or depository; or (2) the nationalization or expropriation by any country and/or territory of any property (including ‘‘Property’’ as defined in Section 1.S of the Bond) or property rights of any Insured or any other person or entity.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 3
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that notwithstanding Section 2.Q of this Bond, this Bond is amended by adding an additional Insuring Agreement J as follows:
J. COMPUTER SECURITY
Loss (including loss of Property) resulting directly from Computer Fraud; provided, that the Insured has adopted in writing and generally maintains and follows during the Bond Period all Computer Security Procedures. The isolated failure of the Insured to maintain and follow a particular Computer Security Procedure in a particular instance will not preclude coverage under this Insuring Agreement, subject to the specific exclusions herein and in the Bond.
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1. |
Definitions. The following terms used in this Insuring Agreement shall have the following meanings: |
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‘‘Authorized User’’ means any person or entity designated by the Insured (through contract, assignment of User Identification, or otherwise) as authorized to use a Covered Computer System, or any part thereof. An individual who invests in an Insured Fund shall not be considered to be an Authorized User solely by virtue of being an investor. |
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‘‘Computer Fraud’’ means the unauthorized entry of data into, or the deletion or destruction of data in, or change of data elements or programs within, a Covered Computer System which: |
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is committed by any Unauthorized Third Party anywhere, alone or in collusion with other Unauthorized Third Parties; and |
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(2) |
is committed with the conscious manifest intent (a) to cause the Insured to sustain a loss, and (b) to obtain financial benefit for the perpetrator or any other person; and |
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(3) |
causes (x) Property to be transferred, paid or delivered; or (y) an account of the Insured, or of its customer, to be added, deleted, debited or credited; or (z) an unauthorized or fictitious account to be debited or credited. |
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‘‘Computer Security Procedures’’ means procedures for prevention of unauthorized computer access and use and administration of computer access and use as provided in writing to the Underwriter. |
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‘‘Covered Computer System’’ means any Computer System as to which the Insured has possession, custody and control. |
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‘‘Unauthorized Third Party’’ means any person or entity that, at the time of the Computer Fraud, is not an Authorized User. |
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‘‘User Identification’’ means any unique user name (i.e., a series of characters) that is assigned to a person or entity by the Insured. |
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Exclusions. It is further understood and agreed that this Insuring Agreement J shall not cover: |
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Any loss covered under Insuring Agreement A, ‘‘Fidelity,’’ of this Bond; and |
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Any loss resulting directly or indirectly from Theft or misappropriation of confidential or proprietary information, material or data (including but not limited to trade secrets, computer programs or customer information); and |
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Any loss resulting from the intentional failure to adhere to one or more Computer Security Procedures; and |
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Any loss resulting from a Computer Fraud committed by or in collusion with: |
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any Authorized User (whether a natural person or an entity); or |
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in the case of any Authorized User which is an entity, (a) any director, officer, partner, employee or agent of such Authorized User, or (b) any entity which controls, is controlled by, or is under common control with such Authorized User (‘‘Related Entity’’), or (c) any director, officer, partner, employee or agent of such Related Entity; or |
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in the case of any Authorized User who is a natural person, (a) any entity for which such Authorized User is a director, officer, partner, employee or agent (‘‘Employer Entity’’), or (b) any director, officer, partner, employee or agent of such Employer Entity, or (c) any entity which controls, is controlled by, or is under common control with such Employer Entity (‘‘Employer-Related Entity’’), or (d) any director, officer, partner, employee or agent of such Employer-Related Entity; |
and
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Any loss resulting from physical damage to or destruction of any Covered Computer System, or any part thereof, or any data, data elements or media associated therewith; and |
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Any loss resulting from Computer Fraud committed by means of wireless access to any Covered Computer System, or any part thereof, or any data, data elements or media associated therewith; and |
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Any loss not directly and proximately caused by Computer Fraud (including, without limitation, disruption of business and extra expense); and |
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Payments made to any person(s) who has threatened to deny or has denied authorized access to a Covered Computer System or otherwise has threatened to disrupt the business of the Insured. |
For purposes of this Insuring Agreement, ‘‘Single Loss,’’ as defined in Section 1.X of this Bond, shall also include all loss caused by Computer Fraud(s) committed by one person, or in which one person is implicated, whether or not that person is specifically identified. A series of losses involving unidentified individuals, but arising from the same method of operation, may be deemed by the Underwriter to involve the same individual and in that event shall be treated as a Single Loss.
It is further understood and agreed that nothing in this Rider shall affect the exclusion set forth in Section 2.0 of this Bond.
Coverage under this Insuring Agreement shall terminate upon termination of this Bond. Coverage under this Insuring Agreement may also be terminated without terminating this Bond as an entirety:
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by written notice from the Underwriter not less than sixty (60) days prior to the effective date of termination specified in such notice; or |
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immediately by written notice from the Insured to the Underwriter. |
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 4
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that the Deductible Amount for Insuring Agreement E, Forgery or Alteration, and Insuring Agreement F, Securities, shall not apply with respect to loss through Forgery of a signature on the following documents:
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(1) |
letter requesting redemption of $50,000 or less payable by check to the shareholder of record and addressed to the address of record; or, |
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(2) |
letter requesting redemption of $50,000 or less by wire transfer to the record shareholder’s bank account of record; or |
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(3) |
written request to a trustee or custodian for a Designated Retirement Account (‘‘DRA’’) which holds shares of an Insured Fund, where such request (a) purports to be from or at the instruction of the Owner of such DRA, and (b) directs such trustee or custodian to transfer $50,000or less from such DRA to a trustee or custodian for another DRA established for the benefit of such Owner; |
provided, that the Limit of Liability for a Single Loss as described above shall be $50,000 and that the Insured shall bear 20% of each such loss. This Rider shall not apply in the case of any such Single Loss which exceeds $50,000; in such case the Deductible Amounts and Limits of Liability set forth in Item 3 of the Declarations shall control.
For purposes of this Rider:
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‘‘Designated Retirement Account’’ means any retirement plan or account described or qualified under the Internal Revenue Code of 1986, as amended, or a subaccount thereof. |
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‘‘Owner’’ means the individual for whose benefit the DRA, or a subaccount thereof, is established. |
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 5
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that this Bond does not cover any loss resulting from or in connection with the acceptance of any Third Party Check, unless
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(1) |
such Third Party Check is used to open or increase an account which is registered in the name of one or more of the payees on such Third Party Check, and |
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(2) |
reasonable efforts are made by the Insured, or by the entity receiving Third Party Checks on behalf of the Insured, to verify all endorsements on all Third Party Checks made payable in amounts greater than $100,000 (provided, however, that the isolated failure to make such efforts in a particular instance will not preclude coverage, subject to the exclusions herein and in the Bond), |
and then only to the extent such loss is otherwise covered under this Bond.
For purposes of this Rider, ‘‘Third Party Check’’ means a check made payable to one or more parties and offered as payment to one or more other parties.
It is further understood and agreed that notwithstanding anything to the contrary above or elsewhere in the Bond, this Bond does not cover any loss resulting from or in connection with the acceptance of a Third Party Check where:
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(1) |
any payee on such Third Party Check reasonably appears to be a corporation or other entity; or |
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(2) |
such Third Party Check is made payable in an amount greater than $100,000 and does not include the purported endorsements of all payees on such Third Party Check. |
It is further understood and agreed that this Rider shall not apply with respect to any coverage that may be available under Insuring Agreement A, ‘‘Fidelity.’’
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 6
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that, notwithstanding anything to the contrary in General Agreement A of this Bond, Item 1 of the Declarations shall include any Newly Created Investment Company or portfolio, provided that the Insured shall submit to the Underwriter, at least annually, a list of all Newly Created Investment Companies or portfolios, the estimated annual assets of each Newly Created Investment Company or portfolio, and copies of any prospectuses and statements of additional information relating to such Newly Created Investment Companies or portfolios, unless said prospectuses and statements of additional information have been previously submitted.
For purposes of this Rider, Newly Created Investment Company or portfolio shall mean any Investment Company or portfolio declared effective by the SEC after the inception date of this Bond which is advised, distributed or administered by Morgan Stanley Investment Management Inc. and for which it has the responsibility of placing fidelity bond coverage.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 7
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration for the premium charged for this Bond, it is hereby understood and agreed that, with respect to Insuring Agreement I only, the Deductible Amount set forth in Item 3 of the Declarations (‘‘Phone/Electronic Deductible’’) shall not apply with respect to a Single Loss, otherwise covered by Insuring Agreement I, caused by:
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(1) |
a Phone-initiated Redemption requested to be paid or made payable by check to the Shareholder of Record at the address of record; or |
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(2) |
a Phone-initiated Redemption requested to be paid or made payable by wire transfer to the Shareholder of Record’s bank account of record, |
provided, that the Limit of Liability for a Single Loss as described in (1) or (2) above shall be the lesser of 80% of such loss or $40,000 and that the Insured shall bear the remainder of each such Loss. This Rider shall not apply if the application of the Phone/Electronic Deductible to the Single Loss would result in coverage of greater than $40,000 or more; in such case the Phone-initiated Deductible and Limit of Liability set forth in Item 3 of the Declarations shall control.
For purposes of this Rider, ‘‘Phone-initiated Redemption’’ means any redemption of shares issued by an Investment Company, which redemption is (a) requested by voice over the telephone or (b) requested by Telefacsimile.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 8
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that notwithstanding anything to the contrary in this Bond (including Insuring Agreement I), this Bond does not cover loss caused by a Phone/Electronic Transaction requested:
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• |
by use of an automated telephone tone or voice response system; or |
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• |
by transmissions over the Internet (including any connected or associated intranet or extranet) or utilizing modem or similar connections; or |
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• |
by wireless device transmissions over the Internet (including any connected or associated intranet or extranet), |
except insofar as such loss is covered under Insuring Agreement A ‘‘Fidelity’’ of this Bond.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 9
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that Section 5 of this Bond is amended to read as follows:
‘‘For all purposes under this Bond, a loss is discovered, and discovery of a loss occurs, when the Legal Department or Chief Compliance Officer of Morgan Stanley Investment Management Inc. or Morgan Stanley or the Risk and Insurance Department of Morgan Stanley:
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(1) |
becomes aware of facts, or |
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(2) |
receives notice of an actual or potential claim by a third party which alleges that the Insured is liable under circumstances, |
which would cause a reasonable person to assume that loss covered by this Bond has been or is likely to be incurred even though the exact amount or details of loss may not be known.’’
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 10
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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Most property and casualty insurers, including ICI Mutual Insurance Company (‘‘ICI Mutual’’), are subject to the requirements of the Terrorism Risk Insurance Act of 2002 (the ‘‘Act’’). The Act establishes a Federal insurance backstop under which ICI Mutual and these other insurers will be partially reimbursed for future ‘‘insured losses’’ resulting from certified ‘‘acts of terrorism.’’ (Each of these bolded terms is defined by the Act.) The Act also places certain disclosure and other obligations on ICI Mutual and these other insurers.
Pursuant to the Act, any future losses to ICI Mutual caused by certified ‘‘acts of terrorism’’ will be partially reimbursed by the United States government under a formula established by the Act. Under this formula, the United States government will reimburse ICI Mutual for 90% of ICI Mutual’s ‘‘insured losses’’ in excess of a statutorily established deductible until total insured losses of all participating insurers reach $100 billion. If total ‘‘insured losses’’ of all property and casualty insurers reach $100 billion during any applicable period, the Act provides that the insurers will not be liable under their policies for their portions of such losses that exceed such amount. Amounts otherwise payable under this bond may be reduced as a result.
This bond has no express exclusion for ‘‘acts of terrorism.’’ However, coverage under this bond remains subject to all applicable terms, conditions and limitations of the bond (including exclusions) that are permissible under the Act. The portion of the premium that is attributable to any coverage potentially available under the bond for ‘‘acts of terrorism’’ is one percent (1%).
ICI MUTUAL INSURANCE COMPANY
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 11
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INSURED |
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BOND NUMBER |
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The Malaysia Fund, Inc. |
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88190106B |
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EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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August 15, 2006 |
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August 15, 2006 to August 15, 2007 |
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/S/ Maggie Sullivan |
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In consideration of the premium charged for this Bond, it is hereby understood and agreed that Section 1.G shall be amended to read as follows:
‘‘Dishonest or Fraudulent Act’’ means any dishonest or fraudulent act, including ‘‘larceny and embezzlement’’ as defined in Section 37 of the Investment Company Act of 1940, committed with the conscious manifest intent (1) to cause the Insured to sustain a loss or (2) to obtain financial benefit for the perpetrator or any other person (other than salaries, commissions, fees, bonuses, awards, profit sharing, pensions or other employee benefits). A Dishonest or Fraudulent Act does not mean or include a reckless act, a negligent act, or a grossly negligent act.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
PARTICIPATION AGREEMENT
WHEREAS, each Morgan Stanley Fund listed on the attached Exhibit A (each a ‘‘Fund’’ and collectively, the ‘‘Funds’’) are each management investment companies registered under the Investment Company Act of 1940 (the ‘‘1940’’);
WHEREAS, each Fund is named in a joint fidelity blanket bond (the ‘‘Bond’’) issued by ICI Mutual Insurance Company; and whereas, the Funds which are so named in such Bond are required to ender into a Joint Fidelity Bond Agreement pursuant to Rule 17g-1(f) under the 1940 Act;
NOW, THEREFORE, it is agreed that in the event a recovery is awarded under the Bond as a result of a loss sustained by one or more of the Funds named in such Bond, each Fund shall receive an equitable and proportionate share of the recovery, such amount being at least equal to the minimum amount as set forth a single insured bond pursuant to Rule 17g-1(d)(1) of the 1940 Act.
Dated: March 27, 2007
By: /s/ Mary E. Mullin
Mary E. Mullin
Secretary of each Fund
EXHIBIT A
Morgan Stanley Institutional Funds as of February 2007
Open-End Institutional Funds
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1. |
Morgan Stanley Institutional Fund, Inc. (‘‘Institutional Fund Inc.’’) |
Active Portfolios:
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• |
Active International Allocation Portfolio |
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• |
Emerging Markets Portfolio |
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• |
Emerging Markets Debt Portfolio |
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• |
Global Franchise Portfolio |
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• |
Global Real Estate Portfolio |
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• |
Global Value Equity Portfolio |
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• |
International Equity Portfolio |
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• |
International Growth Equity Portfolio |
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• |
International Magnum Portfolio |
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• |
International Real Estate Portfolio |
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• |
International Small Cap Portfolio |
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• |
Large Cap Relative Value Portfolio |
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• |
Small Company Growth Portfolio |
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• |
Systematic Active Large Cap Core Portfolio |
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• |
Systematic Active Small Cap Core Portfolio |
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• |
Systematic Active Small Cap Growth Portfolio |
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• |
Systematic Active Small Cap Value Portfolio |
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• |
U.S. Large Cap Growth Portfolio |
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• |
U.S. Real Estate Portfolio |
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2. |
Morgan Stanley Institutional Fund Trust (‘‘Institutional Fund Trust’’) |
Active Portfolios:
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• |
Advisory Global Fixed Income Portfolio |
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• |
Advisory Global Fixed Income II Portfolio |
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• |
Core Plus Fixed Income Portfolio |
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• |
Core Fixed Income Portfolio |
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• |
Equities Plus Portfolio |
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• |
Intermediate Duration Portfolio |
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• |
International Fixed Income Portfolio |
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• |
Investment Grade Fixed Income Portfolio |
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• |
Limited Duration Portfolio |
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• |
Long Duration Portfolio |
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• |
Mid-Cap Growth Portfolio |
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• |
U.S. MidCap Value Portfolio |
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• |
U.S. SmallCap Value Portfolio |
Inactive Portfolios*:
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• |
Advisory Portfolio-Series 1 |
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• |
Advisory Portfolio-Series 2 |
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3. |
The Universal Institutional Funds, Inc. (‘‘Universal Funds’’) |
Active Portfolios:
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• |
Core Plus Fixed Income Portfolio |
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• |
Emerging Markets Debt Portfolio |
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• |
Emerging Markets Equity Portfolio |
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• |
Equity and Income Portfolio |
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• |
Equity Growth Portfolio |
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• |
Global Franchise Portfolio |
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• |
Global Real Estate Portfolio |
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• |
Global Value Equity Portfolio |
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• |
International Growth Equity Portfolio |
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• |
International Magnum Portfolio |
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• |
MidCap Growth Portfolio |
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• |
Small Company Growth Portfolio |
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• |
U.S. Mid-Cap Value Portfolio |
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• |
U.S. Real Estate Portfolio |
Inactive Portfolios*:
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• |
International Fixed Income Portfolio |
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• |
Investment Grade Fixed Income Portfolio |
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• |
Multi-Asset Class Portfolio |
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• |
Targeted Duration Portfolio |
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4. |
Morgan Stanley Institutional Liquidity Funds (‘‘Liquidity Funds’’) |
Active Portfolios:
Inactive Portfolios*:
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• |
Government Securities Portfolio |
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• |
Treasury Securities Portfolio |
Closed-End Institutional Funds
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5. |
Morgan Stanley China A Share Fund, Inc. (‘‘China A Fund’’) |
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6. |
Morgan Stanley Asia-Pacific Fund, Inc. (‘‘Asia-Pacific Fund’’) |
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7. |
Morgan Stanley Eastern Europe Fund, Inc. (‘‘Eastern Europe’’) |
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8. |
Morgan Stanley Emerging Markets Debt Fund, Inc. (‘‘Emerging Markets Debt’’) |
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9. |
Morgan Stanley Emerging Markets Fund, Inc. (‘‘Emerging Markets Fund’’) |
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10. |
Morgan Stanley Global Opportunity Bond Fund, Inc. (‘‘Global Opportunity’’) |
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11. |
Morgan Stanley High Yield Fund, Inc. (‘‘High Yield Fund’’) |
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12. |
The Latin American Discovery Fund, Inc. (‘‘Latin American Discovery’’) |
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13 |
The Malaysia Fund, Inc. (‘‘Malaysia Fund’’) |
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14. |
The Thai Fund, Inc. (‘‘Thai Fund’’) |
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15. |
The Turkish Investment Fund, Inc. (‘‘Turkish Investment’’) |
Resolutions from August 24, 2006 Board Meeting
The matter was discussed and thereafter, upon motion duly made, seconded and unanimously carried by the Board of each Institutional Fund, it was
RESOLVED, That having due consideration for the aggregate value of the funds and securities of the Fund to which each officer or employee of the Fund may, singly or jointly with others, have access, including, but not limited to, subscription payments for shares, either directly or through authority to draw upon such funds or to direct generally the disposition of such assets, this Board, including a majority of the members of this Board who are not interested person of the Fund, hereby ratifies and approves the type and form (Investment Company Blanket Bond, obtained from ICI Mutual Insurance Company) of the Fidelity Bond to be maintained by this Fund jointly with the other investment companies advised by Morgan Stanley Investment Management Inc., now or in the future (referred to collectively herein as the ‘‘Participating Funds’’) in accordance with the Investment Company Act of 1940 and Rule 17g-1 thereunder, and hereby further determines that said Fidelity Bond shall be in an amount at least equal to the sum of the total amount of coverage which each Participating Fund would have been required to provide and maintain individually pursuant to the schedule contained in Rule 17g-1(d)(1), such amount to be monitored and determined on a continuous basis for each Participating Fund by Morgan Stanley Investment Management Inc., and this Board approves all increases in the amount of said Fidelity Bond so determined; and further
RESOLVED, that this Board hereby ratifies the binding of a joint Fidelity Bond in the amount of $45 million for a projected premium of $237,850; and further
RESOLVED, That this Board hereby ratifies and approves the payment by this Fund of a portion of the total premium for the coverage of said Fidelity Bond, the amount of such portion to be in the proportion that the net assets of this Fund bear to the total net assets of all Participating Funds, as of a date to be selected by Management; and further
RESOLVED, That the proper officers of the Fund be and they hereby are authorized to prepare and enter into agreements meeting the requirements of Rule 17g-1(f) under the Investment Company Act of 1949 relating to joint insured bonds covering investment companies, in substantially the same form as the present agreement among the Participating Funds; and further
RESOLVED, That this Board hereby designates Mary E. Mullin, Secretary of the Fund, as the officer who shall make all filings with the Securities and Exchange Commission and give all notices to the members of the Board of the Fund which shall at any time be required by Rule 17g-1(g) under the Investment Company Act of 1940; and further
RESOLVED, That the Fund shall participate in the said Fidelity Bond only so long as this Board, upon consideration of the matter no less frequently than annually, shall approve the form and amount of the Bond, and the portion of the premium for said Bond to be paid by the Fund.
REVIEW OF FIDELITY BOND COVERAGE
June 30, 2006
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MORGAN STANLEY INSTITUTIONAL FUNDS |
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GROSS ASSETS (in millions) |
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MINIMUM COVERAGE REQUIRED |
MSCE ASIA PACIFIC |
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657,237,969 |
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900,000 |
|
MSCE EASTERN EUROPE |
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|
110,703,779 |
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|
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|
525,000 |
|
MSCE EMERGING MKTS |
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|
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|
462,091,411 |
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|
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|
750,000 |
|
MSCE EMERGING MKTS DEBT |
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|
227,214,161 |
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600,000 |
|
MSCE GLOBAL OPPTY BOND |
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32,341,330 |
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300,000 |
|
MSCE HIGH YIELD |
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|
76,531,664 |
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450,000 |
|
MSCE INDIA INVESTMENT |
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760,978,370 |
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1,000,000 |
|
MSCE LATIN AMERICAN DISC |
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|
204,504,660 |
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|
600,000 |
|
MSCE MALAYSIA |
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|
57,221,816 |
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|
400,000 |
|
MSCE THAI |
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|
110,206,186 |
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|
600,000 |
|
MSCE TURKISH INVESTMENT |
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|
83,215,620 |
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|
450,000 |
|
MS Institutional Fund Inc. |
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|
17,895,645,169 |
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|
2,500,000 |
|
MS Institutional Fund Trust |
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|
|
12,499,242,168 |
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|
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|
2,500,000 |
|
MS Institutional Liquidity Funds |
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|
|
23,601,340,784 |
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|
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|
2,500,000 |
|
MS Universal Insitutional Funds |
|
|
|
|
5,314,706,472 |
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|
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|
2,500,000 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
COMBINED TOTAL |
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|
|
|
62,093,181,558 |
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|
|
|
|
16,575,000 |
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|
Morgan Stanley Institutional Funds
1221 Avenue of the Americas
New York, New York 10020
|
March 27, 2007 |
File Room
Securities and Exchange Commission
100 F Street, NE
Washington, D.C. 20549
RE: Morgan Stanley Institutional Funds
Dear Ladies and Gentleman,
Pursuant to Rule 17g-1 under the Investment Company Act of 1940, as amended, enclosed please find the following documents for each Fund (listed in the appendix A) which are attached hereto:
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1. |
A copy of the Fund’s joint fidelity blanket bond (the ‘‘Bond’’) providing for coverage of $45 million for the period August 15, 2006 to August 15, 2007; |
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|
2. |
A copy of the resolutions of the Board of Directors of the Funds, including a majority of the Directors/Trustees who are not interested persons, approving the amount, type, form, coverage of the Bond and the portion of the premium to be paid by each Fund, and allocation of premiums and recoveries under the Bond; |
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|
3. |
A copy of the joint fidelity bond agreement concerning the allocation of premiums and recoveries under the Bond; and |
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|
4. |
A chart that shows for each Fund (i) each fund’s Gross Assets; and (ii) the amount of the single insured bond that would have been provided and maintained had the Fund not been named as an insured under a joint insured bond. |
Please note that the premium has been paid in its entirety.
|
Very truly yours, /s/ Mary Mullin Mary Mullin Secretary of the Funds |
Enclosures