40-17G 1 i11323.htm AMERITRANS Form 40-17G

AMERITRANS CAPITAL CORPORATION LETTERHEAD




April 14, 2011

VIA EDGAR

U.S. Securities and Exchange Commission

450 Fifth Street, N.W.

Washington, D.C. 20549

 

Re:

Fidelity Bond of Ameritrans Capital Corporation


To Whom It May Concern:


On behalf of Ameritrans Capital Corporation and its subsidiary Elk Associates Funding Corporation (the “Company”), enclosed for filing with the Securities and Exchange Commission pursuant to Rule 17g-1 under the Investment Company Act of 1940 are the following:

 

(i)

a copy of the Company’s fidelity bond binder, we will submit to you the executed fidelity bond when we receive it in approximately 30 days; and  


(ii)

a copy of the resolutions of all of the members of the Company’s Board of Directors, including a majority who are not “interested persons” of the Company approving the form and amount of the fidelity bond and binder.


Premiums have been paid for the period from April 8, 2011 through April 8, 2012.



Sincerely,



/s/ Michael Feinsod

Michael Feinsod







Enclosures






 

UNANIMOUS WRITTEN CONSENT

OF

THE BOARD OF DIRECTORS

OF

AMERITRANS CAPITAL CORPORATION

AND

ELK ASSOCIATES FUNDING CORPORATION


The undersigned, being all of the directors of Ameritrans Capital Corporation, in accordance with Section 141(f) of the Delaware General Corporation Law (“Ameritrans”) and Elk Associates Funding Corp. in accordance with Section 708(b) of the New York Business Corporation law (“Elk” and, together with Ameritrans, the “Company”), including a majority of the directors who are not “interested persons” of the Company, as defined in Section 2(a)(19) of, and as required by Rule 17g-1 under, the Investment Company Act of 1940, as amended (the “Act”), do hereby adopt the following resolutions with the same force and effect as if passed by unanimous vote at a duly convened meeting of the board of directors of the Company (the “Board”):


NOW THEREFORE BE IT:


RESOLVED, that having considered the expected value of the assets of the Company to which officers or employees of the Company may have access, the nature of the business activities of the Company, the type and terms of the arrangements made for the custody of the Company’s assets, the nature of securities and other investments to be held by the Company, and other requirements of Section 17(g) of the Act, and Rule 17g-1 thereunder, the amount and form of the fidelity bond, and the premium to be paid by the Company for the fidelity bond covering the officers of the Company and insuring the Company against loss from fraudulent or dishonest acts, including larceny and embezzlement, by officers and employees of the Company and certain other persons, with National Union Fire Insurance Company Pittsburgh, PA Financial Institution Bond Binder Number 134437, (the “Fidelity Bond” ) is hereby authorized, approved and ratified; and be it further


RESOLVED,  that the Board hereby authorizes, approves and ratifies the renewal of the Fidelity Bond, which provides for $750,000 in coverage per claim and an aggregate of $1,500,000 in coverage and requires an annual premium of $6,071, with a deductible of $5,000; and be it further


RESOLVED, that Michael Feinsod, our Chief Executive Officer, be, and hereby is, designated as the party responsible for making the necessary filings and giving the notices with respect to the fidelity bond as required by paragraph (g) of Rule 17g-1 and is hereby directed to:


1.  File with the Securities and Exchange Commission (“SEC”) within 10 days after execution of the fidelity bond or amendment thereof:  (a) a copy of the bond or binder, (b) a copy of each resolution of the Board of Directors, including a majority of the Directors who are not “interested persons,” approving the amount, type, form and coverage of such bond and the amount of the premium to be paid by the Company, and (c) a statement as to the period for which the premiums for such bond have been paid;


2.  File with the SEC, in writing, within five days after the making of any claim under the bond by the Company, a statement of the nature and amount of the claim;


3.  File with the SEC, within five days after the receipt thereof, a copy of the terms of the settlement of any claim under the bond of the Company; and


4.  Notify by registered mail, each member of the Board of Directors at his or her last known residence of:  (a) any cancellation, termination or modification of the bond, not less than 45 days prior to the effective date of such cancellation, termination or modification; (b) the filing and the settlement of any claims under the bond by the Company at any time the filings required under (2) and (3) above are made with the SEC; and (c) the filing and proposed terms of settlement of any claim under the bond by any other named insured, within five days of the receipt of a notice from the fidelity insurance company; and be it further


RESOLVED, that Stursberg and Associates, LLC is hereby authorized to continue to act as the escrow agent for the Company pursuant to the escrow agreement executed on April 15, 2008, attached hereto; and be it further



RESOLVED, that the appropriate officers of the Company be, and they hereby are, authorized and empowered, in the name and on behalf of the Company, to execute all such documents or instruments, in order to carry out the foregoing resolutions and to effectuate the purposes and intent thereof, and that all actions taken by the officers of the Company to date in connection with the foregoing resolutions are hereby in all respects confirmed, ratified and approved.


IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the 14 day of April, 2011.


                                                                        

Peter Boockvar


                                                                        

Steven Etra


                                                                        

Michael Feinsod


                                                                        

Gary C. Granoff


                                                                        

Murray Indick


                                                                        

John Laird


                                                                        

Elliott Singer


                                                                        

Howard Sommer


                                                                        

Ivan Wolpert




 

 ACORD  INSURANCE BINDER

DATE

 03/29/11

THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.

 PRODUCER

 

 PHONE     516-327-2700

 COMPANY

 BINDER #

 

 

 FAX         516-327-2800

 National Union Fire Ins Co Pittsbur

 BINDER 134437

 BWD Group LLC

EFFECTIVE

EXPIRATION

 BWD Plaza, P.O. Box 9050

DATE

TIME

DATE

TIME

 113 South Service Road

04/08/11

12:01

x

AM

04/08/12

x

12:01 AM

 Jericho, NY 11753

 

PM

 

NOON

 CODE:

 SUB CODE:

 

THIS BINDER IS ISSUED TO EXTEND COVEREAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #:

 AGENCY

 CUSTOMER ID:

 2896

 INSURED

Ameritrans Capital Corp.

 DECRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location)

 

830 Third Avenue, 8th Floor

 

 

New York, NY 10022

 

 

 

 

 

 

 

 COVERAGES

LIMITS

TYPE OF INSURANCE

COVERAGE/FORMS

DEDUCTIBLE

COINS %

AMOUNT

 PROPERTY

 

 

 

 

 

 

CAUSES OF LOSS

 

 BASIC

 

 

 

 SPEC

 

 

 

 

 

 

 

 

 

 

 

 

 

 GENERAL LIABILITY

 RETRO DATE FOR CLAIMS MADE:

 EACH OCCURRENCE

 $

 

COMMERCIAL GENERAL LIABILITY

 DAMAGE TO RENTAL PREMISES

 $

 

 

 CLAIMS MADE

 

 OCCUR

 MED EXP (Any one person)

 $

 

 

 PERSONAL & ADV INJURY

 $

 

 

 GENERAL AGGREGATE

 $

 

 

 PRODUCTS – COMP/OP AGG

 $

 AUTOMOBILE LIABILITY

 

 COMBINED SINGLE LIMIT

 $

 

 ANY AUTO

 BODILY INJURY (Per person)

 $

 

 ALL OWNED AUTOS

 BODILY INJURY (Per accident)

 $

 

 SCHEDULED AUTOS

 PROPERTY DAMAGE

 $

 

 HIRED AUTOS

 MEDICAL PAYMENTS

 $

 

 NON-OWNED AUTOS

 PERSONAL INJURY PROT

 $

 

 

 UNINSURED MOTORIST

 $

 

 

 

 $

 AUTO PHYSICAL DAMAGE

 

 ALL VEHICLES

 

 SCHEDULED VEHICLES

 

 ACTUAL CASH VALUE

 $

 DEDUCTIBLE

 

 COLLISION

 

 

 

 

 STATED AMOUNT

 

 OTHER THAN COL

 

 

 

 

 OTHER

 DAMAGE LIABILITY

 

 EACH OCCURRENCE

 $

 

 ANY AUTO

 OTHER THAN AUTO ONLY

 

 

 

EACH ACCIDENT

 $

 

 

AGGREGATE

 $

 EXCESS LIABILITY

 RETRO DATE FOR CLAIMS MADE:

 EACH OCCURRENCE

 $

 

 UMBRELLA FORM

 AGGREGATE

 $

 

 OTHER THAN UMBREALL FORM

 SELF-INSURED RETENTION

 $

 

 

 

 WC STATUTORY LIMITS

 

WORKER’S COMPENSATION

 EL EACH ACCIDENT

 $

AND EMPLOYER’S LIABILITY

 EL DISEASE – EA EMPLOYEE

 $

 

 EL DISEASE – POLICY LIMIT

 $

 SPECIAL

 CONDITIONS/

 OTHER

 COVERAGES

 Financial Institution Bond

 FEES

 $

 

 TAXES

 $

 (See attached Spec Conditions/Other Covs pages.)

 ESTIMATES TOTAL PREMIUM

 $

 NAME & ADDRESS

 

 

 MORTGAGEE

 

 ADDITIONAL INSURED

 

 

 LOSS PAYEE

 

 

 

 LOAN #


 AUTHORIZED REPRESENTATIVE


 


 ACORD 75 (2001/01) 1 of 3   #23728    NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE   STSCH ©  ACORD CORPORATION 1993

 

 

 

 

 

 

 

 

 

 

 

 




 

 

 

CONDITIONS

 

This Company binds the kind(s) of insurance stipulated on the reverse side. The insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company.

 

This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company.

 

 

 

Applicable In California

 

When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from “Insurance Binder” to “Cover Note”.

 

 

Applicable In Delaware

 

The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage.

 

Chapter 21 Title 25 Paragraph 2119

 

 

Applicable in Florida

 

Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company.

 

 

Applicable in Nevada

 

Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom.

 


ACORD 75 (2001101) 2 of 3          #23728





SPECIAL CONDITIONS/OTHER COVERAGES (Cont. from page 1)

Financial Institution Bond

 

Insuring Clause / Limit of Liability / Deductible:

 

Fidelity:

$750,000 / N/A

On Premises :

$750,000 / $5,000

In Transit:

$750,000 / $5,000

Forgery or Alteration:

$750,000 / $5,000

Securities:

$750,000 / $5,000

Computer Systems:

$750,000 / $5,000

Unauthorized Signatures:

$750,000 / $5,000

Aggregate Bond Limit:

$1,500,000

 

 

Annual Premium:

$6,071

 

Policy: Fidelity Bond Form 15 inclusive of the following Endorsements :

 

1.

NY Cancellation/Nonrenewal

2.

Forms Index Endorsement

3.

Coverage Territory Endorsement (OFAC)

4.

Notice of Claim (Reporting by E-Mail)

5.

Insuring Agreement [A) Fidelity Amended Rider ("And" to "Or" Except for Loans and/or Trading)

6.

ERISA Rider

7.

Computer Crime Coverage Rider [Pending Chartis Legal Approval]

 

Subjectivities:

None

 

 

 

 

 

 

 

 

 

 

 

AMS 75.4 (2001101)   3 of 3          #23728