RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2017 No. 254

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning provision of pensions

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning provision of pensions to which changes and amendment, according to appendix to this resolution are made.

2. To department of regulation of the non-bank financial organizations (Shaykakova G. Zh.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this resolution the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and Item 3 of this resolution.

3. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Kurmanov Zh. B.

5. This resolution becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 22, 2017 No. 254

The list of regulatory legal acts of the Republic of Kazakhstan concerning provision of pensions to which changes and amendment are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of July 26, 2013 No. 201 "About approval of Rules of accounting of pension accruals at the expense of compulsory pension contributions, compulsory professional pension contributions and voluntary pension contributions on individual retirement accounts of investors (receivers)" (registered in the Register of state registration of regulatory legal acts at No. 8654, published on October 2, 2013 in the Yuridicheskaya Gazeta newspaper No. 148 (2523) the following changes and amendment:

in Rules of accounting of pension accruals at the expense of compulsory pension contributions, compulsory professional pension contributions and voluntary pension contributions on individual retirement accounts of investors (receivers) approved by the specified resolution:

state Item 7 in the following edition:

"7. In case of receipt of the amounts the arrived amount is recalculated for the individual retirement account of the investor (receiver) of ENPF and (or) DNPF in equivalent quantity of the conventional units determined by current value for the beginning of receipt date of the amounts. Transactions on write-off of the amounts from the individual retirement account of the investor (receiver) are performed by ENPF and (or) DNPF on current value of conventional unit for the beginning of date of write-off, including on write-off:

1) benefits amounts and (or) transfers of pension savings;

2) mistakenly credited amount of compulsory pension contributions, compulsory professional pension contributions, voluntary pension contributions and penalty fee;

3) returns of 50 (fifty) percent from the amount of compulsory pension contributions, budgetary funds transferred for the account till January 1, 2016 for benefit of the military personnel (except the military personnel of conscription service), the staff of special state and law enforcement agencies, the public courier service, and also persons which right to have special ranks, class ranks and to wear uniform are abolished since January 1, 2012.";

add with Item 7-1 of the following content:

"7-1. The list and procedure for carrying out transactions on individual retirement accounts of investors (receivers), including procedure for charge, write-off of investment revenue on transactions of write-off of the amounts from individual retirement accounts of investors (receivers), is determined by individual accounting of pension accruals and payments by internal documents ENPF and (or) DNPF.";

state Item 12 in the following edition:

"12. The individual retirement account of the investor (receiver) in ENPF and (or) DNPF is closed:

1) after 15 (fifteen) working days from the date of transfer of pension savings created at the expense of voluntary pension contributions, from ENPF in DNPF or from DNPF in ENPF or from one DNPF in other DNPF on condition of lack of return of the translated pension accruals and receipts of voluntary pension contributions;

2) after 12 (twelve) months from the date of implementation of transfer of pension savings in insurance company on condition of lack of pension accruals on the individual retirement account of the investor (receiver), return of the translated pension accruals, receipts of pension contributions, penalty fee and other receipts according to the legislation of the Republic of Kazakhstan on provision of pensions;

3) after 12 (twelve) months from the date of implementation of payment of pension accruals on condition of lack of pension accruals on the individual retirement account of the investor (receiver), return of the paid pension accruals, receipts of pension contributions, penalty fee and other receipts according to the legislation of the Republic of Kazakhstan on provision of pensions;

4) after 36 (thirty six) months from the date of opening of the individual retirement account on condition of lack of receipts and pension accruals on the individual retirement account of the investor (receiver) from the date of opening of the individual retirement account;

5) in day of receipt of the statement for transfer of pension savings at the expense of voluntary pension contributions on condition of lack of pension accruals on the individual retirement account of the investor (receiver) in ENPF and (or) DNPF from which transfer of pension savings is made.".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2013 No. 218 "About approval of Requirements to the automated information systems for accounting of pension assets and accumulatings" (registered in the Register of state registration of regulatory legal acts at No. 8801, published on December 12, 2013 in the Yuridicheskaya Gazeta newspaper No. 187 (2562) the following change:

in Requirements to the automated information systems for accounting of the pension assets and accumulatings approved by the specified resolution:

2) of Item 18 to state the subitem in the following edition:

"2) all hardware have warranty period (warranty card) and (or) are on technical support of the specialized organization and (or) there is possibility of operational replacement of hardware in case of their exit out of operation;".

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 26, 2014 No. 31 "About approval of Translation rules of pension accruals from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund" (registered in the Register of state registration of regulatory legal acts at No. 9326, published on April 25, 2014 in information system of law of Ad_let) the following change:

in Translation rules of pension accruals from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund approved by the specified resolution:

state Item 10 in the following edition:

"10. The bank custodian of Fund sender in case of receipt of the payment message of Fund sender in the MT 102 format in Fund receiver within one operational day of receipt of the payment message transfers pension accruals of the investor (receiver) at the expense of voluntary pension contributions with indication of the codes of purpose of payment established by the Rules of application of codes of sectors of economy and purpose of payment approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 203, to transfer of pension savings of the investor (receiver) registered in the Register of state registration of regulatory legal acts at No. 14365, in Fund receiver.".

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 26, 2014 No. 32 "About approval of Translation rules of pension accruals in insurance company under the agreement of retirement annuity" (registered in the Register of state registration of regulatory legal acts at No. 9325, published on April 25, 2014 in information system of law of Ad_let) the following changes:

in Translation rules of the pension accruals in insurance company under the agreement of retirement annuity approved by the specified resolution:

state Item 2 in the following edition:

"2. The investor (receiver) for the purpose of transfer of pension savings in insurance company submits the following documents to Fund sender:

1) the statement for transfer of pension savings in the form approved by the internal document of Fund sender;

2) the identity document of the investor (receiver), for identification;

3) the original of the agreement of the retirement annuity signed by the investor (receiver) with insurance company.";

4, of 5, 6 and 7 to state Items in the following edition:

"4. The attorney for the purpose of transfer of pension savings in insurance company in addition to the documents specified in subitems 1) and 3) of Item 2 of Rules, in addition provides in Fund sender:

1) the original of notarially certified power of attorney or its notarially attested copy if the power of attorney contains powers on representation of interests of the principal at the same time in several organizations;

2) notarially attested copy of the identity document of the investor (receiver);

3) the identity document of the attorney, for identification.

5. The fund sender checks correctness of specifying of the data which are subject to filling in the statement for transfer of pension savings and issues to the investor (receiver) or the attorney the receipt on documents acceptance in the form approved by the internal document of Fund sender with indication of in it the complete list of the submitted documents and date of their acceptance.

If investor (receiver) is person specified in the subitem 3) of Item 1 of Article 31, the subitem 3) of Item 1 of article 32 of the Law, the Fund sender within the agreement signed between The Government for Citizens State corporation and Fund sender requests data on availability from the addressed investor (receiver) of the established disability of the first or second group is termless.

If Fund sender is the single accumulation pension fund, then the above-stated data are requested from the centralized database of disabled people.

If investor (receiver) is person specified in the subitem 1) of Item 1 of article 32 of the Law, the Fund sender checks in the automated information system the fact of payment of compulsory professional pension contributions in total at least 60 (sixty) calendar months.

6. The fund sender in case of documents acceptance represents to the investor (receiver) or the attorney the motivated written answer with indication of the reasons of impossibility of acceptance and execution of the statement for transfer of pension savings in the following cases:

1) representation of incomplete document package, the Rules provided by Items 2 or 4;

2) lack of pension accruals on the individual retirement account of the investor (receiver) or lack of the individual retirement account opened addressed to the investor (receiver);

3) expiration of the identity document of the investor (receiver) or attorney, for date of filing of application about transfer of pension savings;

4) expiration of the power of attorney for date of the address with the statement for transfer of pension savings or discrepancy of the power of attorney to requirements of the civil legislation of the Republic of Kazakhstan to its registration;

5) the amount of pension accruals on individual retirement accounts of the investor (receiver) on compulsory pension contributions and (or) compulsory professional pension contributions and (or) voluntary pension contributions (in the presence) for date of filing of application about transfer of pension savings is less than amount of pension accruals specified in the agreement of retirement annuity;

6) lack of data on establishment at the investor (receiver) of disability of the first or second group is termless;

7) payment of compulsory professional pension contributions for date of filing of application about transfer of pension savings in total less than 60 (sixty) calendar months.

7. The fund sender in writing sends to the investor (receiver) or the attorney the motivated answer with indication of the reasons of impossibility of performance of the statement for transfer of pension savings within 10 (ten) working days from the date of receipt of its statement for transfer of pension savings in cases:

1) discrepancies of surname, name, middle name (in case of its availability), birth dates, the individual identification number (further - IIN) specified in the identity document of the investor (receiver), surname, name, to middle name (in case of its availability), birth date, IIN specified in the database of Fund sender;

2) discrepancies of the data specified in the statement for transfer of pension savings, to the data specified in the documents submitted according to Items 2 or 4 of Rules;

3) discrepancies of the investor (receiver) to categories of persons specified in Item 1 of Article 11, subitems 2) and 3) of Item 1 of Article 31, subitems 2) and 3) of Item 1 of article 32 of the Law;

4) if the amount of pension accruals on individual retirement accounts of the investor (receiver) on compulsory pension contributions and (or) compulsory professional pension contributions and (or) voluntary pension contributions is (in the presence) date transfers of pension savings less than the amount of the pension accruals specified in the agreement of retirement annuity;

5) discrepancies of the Rules of documents provided according to Item 2 or 4 to requirements of the legislation of the Republic of Kazakhstan about provision of pensions.";

to state part one of Item 9 in the following edition:

"9. In case of insufficiency for date of transfer of the amount of the pension accruals created at the expense of compulsory pension contributions and (or) compulsory professional pension contributions, the Fund sender in the presence of the consent of the investor (receiver) to use of the pension accruals created at the expense of voluntary pension contributions, specified in the statement for the transfer of pension savings of the investor (receiver) or the receiver provided by Items 2 and 4 of Rules in addition to the pension accruals created at the expense of compulsory pension contributions and (or) compulsory professional pension contributions translates the pension accruals created at the expense of voluntary pension contributions.".

5. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2015 No. 137 "About approval of Rules of the conclusion and standard form of the pension provision agreement at the expense of voluntary pension contributions" (registered in the Register of state registration of regulatory legal acts at No. 11974, published on September 16, 2015 in information system of law of Ad_let) the following changes:

in Rules of the conclusion of the pension provision agreement at the expense of the voluntary pension contributions approved by the specified resolution:

3) of Item 2 to state the subitem in the following edition:

"3) the conclusion of the Agreement - the actions performed by ENPF or DNPF for attraction of voluntary pension contributions, including rendering consulting services in questions functioning of funded pension system and activities for management of investment portfolio, distribution of information on activities of ENPF or DNPF and (or) other subjects of funded pension system, including advertizing nature, action for preparation for signing and agreement signature:

for benefit of the investor (receiver) - between the representative of ENPF or DNPF, on the one hand, and the investor (receiver), on the other hand;

for benefit of the receiver - between the representative of ENPF or DNPF, on the one hand, the investor, from the second party, and the receiver, from the third party as a result of which registration of the Agreement is made.";

state Item 3 in the following edition:

"3. The conclusion of the Agreement is in own favor performed in case of the personal address to ENPF or DNPF of the investor (receiver), including by means of the ENPF or DNPF Internet resource.

The conclusion of the Agreement for benefit of the third party is performed in case of the personal address to ENPF or DNPF of the investor and the receiver or the legal representative of the minor, authorized representative based on notarially certified power of attorney.

In case of availability at physical person in ENPF or DNPF of the opened individual retirement account for accounting of voluntary pension contributions repeated opening of the individual retirement account intended for accounting of voluntary pension contributions is not performed.";

state appendix 2 in edition according to appendix to this List of regulatory legal acts of the Republic of Kazakhstan concerning provision of pensions to which changes and amendment are made.

Appendix

to the List of regulatory legal acts of the Republic of Kazakhstan concerning provision of pensions to which changes and amendment are made

Appendix 2

to the Resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2015 No. 137

form 1

Standard form of the pension provision agreement at the expense of voluntary pension contributions with the single accumulation pension fund

city _________________                                                   "___" ______ 20 __ years No. ________

"Single Accumulation Pension Fund" joint-stock company

________________________________________________________________________________

          (the name according to the Charter, the location)

hereinafter referred to as "Fund", in лице____________________________________________

                              (position, surname, name, middle name (in case of its availability)

acting on the basis of the _______________________________________________________

_______________________________________________________________________________

                            (Charter or power of attorney)

________________________________________________________________________________

on the one hand, and ________________________________________________ physical person

________________________________________________________________________________

                      (surname, name, middle name (in case of its availability),

________________________________________________________________________________

 birth date, residence, identity document,

_____________________, issued _________________, "___" ______________ years,

        (series, number)                             (whom)                             (date of issue)

having (having) individual identification number ___________

_____________________, hereinafter referred to as (hereinafter referred to as) (Receiver)",

on the other hand, signed this Agreement about provision of pensions at the expense of voluntary pension contributions (further - the Agreement) as follows:

1. Subject of the agreement

1. According to the Agreement Investor (Receiver) brings voluntary pension contributions, and the Fund shall accept and carry out them obligations according to the legislation of the Republic of Kazakhstan on provision of pensions and terms of the contract.

2. Rights and obligations of the Parties

2. The fund shall:

1) to accept voluntary pension contributions;

2) to open to the Investor (Receiver) the individual retirement account No. _________________;

3) to perform individual accounting of pension accruals of the Investor (Receiver) and the retirement benefits made to it;

4) to charge investment revenue on pension accruals of the Investor (Receiver);

5) without collection of payment to provide to the Investor (Receiver) information on condition of its pension accruals on its request for any required date from the date of opening of the individual retirement account, and also to provide electronic and different ways of information access about its pension accruals taking into account provisions, the stipulated in Article 57 Laws of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" (further - the Law on provision of pensions);

6) in case of the conclusion of the Agreement to inform the Investor (Receiver) of pension rules of Fund;

7) to provide at the request of the Investor (Receiver) information on all changes infringing on interests of the Investor (Receiver), and also information on all changes and amendments in pension rules of Fund;

8) at the request of the Investor (Receiver) to render him non-paid consulting services in questions of functioning of funded pension system and activities for management of investment portfolio;

To publish 9) in mass media of the data on structure of investment portfolio of Fund at the expense of pension assets according to the subitem 5) of Item 9 of article 34 of the Law on provision of pensions;

10) to provide confidentiality of information on condition of pension accruals of the Investor (Receiver);

11) according to the statement of the Investor (Receiver) to transfer pension accruals of the Investor (Receiver) to the Voluntary accumulation pension fund or insurance company according to the procedure, the provided Law on provision of pensions and regulatory legal acts of the authorized body performing state regulation, control and supervision of the financial market and the financial organizations (further - authorized body);

12) within 15 (fifteen) calendar days from the date of change of the details to inform on it the Investor (Receiver) by the publication of the announcement at least in 2 (two) periodic printing editions in the Kazakh and Russian languages;

13) in case of the death of the Investor (Receiver) to pay him to family or person which performed burial, lump sum payment on burial in the limits established by the Law on provision of pensions;

14) in case of the death of the Investor (Receiver) to pay all amount of pension accruals which is on its individual retirement account, to the heir (heirs) of the Investor (Receiver) according to the procedure established by the civil legislation of the Republic of Kazakhstan;

15) in case of change of the details of the Investor (Receiver) influencing obligation fulfillment of Fund to enter corresponding changes into the automated information system based on the documents confirming this change;

16) in case of achievement of fifty-year age by the Investor (Receiver) or if the Investor (Receiver) is disabled person, or in case of departure of the Investor (Receiver) on the permanent residence out of limits of the Republic of Kazakhstan and emergence of the right to pension accruals according to article 33 of the Law on provision of pensions to perform payment of pension accruals according to the procedure, established by the Agreement;

17) to announce the size of commission fee to the Investor (Receiver) no later than 1 (one) month prior to the beginning of calendar year by the publication at least in 2 (two) printing editions in the Kazakh and Russian languages.

3. The fund has the right:

1) to earn commission fee in the amount of, the stipulated in Clause 53 Laws on the provision of pensions which is not exceeding extreme size;

2) on the questions connected with provision of pensions to represent the interests of the Investor (Receiver) in court according to the procedure, stipulated by the legislation the Republic of Kazakhstan about civil legal proceedings;

3) to perform other rights which are not infringing and not worsening the rights of the Investor (Receiver) according to the legislation of the Republic of Kazakhstan on provision of pensions.

4. The investor (Receiver) shall report to Fund about all changes influencing accomplishment of obligations by Fund within 10 (ten) calendar days from the date of their approach with submission of supporting documents.

5. The investor (Receiver) independently determines the size and frequency of payment of voluntary pension contributions.

6. The investor (Receiver) has the right:

1) to study pension rules of Fund;

2) to obtain information on condition of the pension accruals;

To receive 3) from Fund non-paid consulting services in questions of functioning of funded pension system and activities for management of investment portfolio;

4) to transfer pension accruals to the Voluntary accumulation pension fund or insurance company according to the procedure, the provided Law on provision of pensions and regulatory legal acts of authorized body;

5) to get retirement benefits from Fund in case of origin the driver's license according to article 33 of the Law on the provision of pensions according to the procedure established by the Agreement;

6) to bequeath the pension accruals according to the procedure, established by the civil legislation of the Republic of Kazakhstan;

To appeal 7) judicially actions of Fund.

3. Procedure and conditions of introduction of voluntary pension contributions, implementation of transfers of pension savings and retirement benefits

7. Voluntary pension contributions are brought in the amount of and with frequency, established according to Item 5 of the Agreement.

8. Retirement benefits are made according to article 33 of the Law on provision of pensions. The procedure for receipt of retirement benefits is determined by pension rules of Fund.

9. The procedure and conditions of transfer of pension savings is provided in the Voluntary accumulation pension fund or insurance company by the Law on provision of pensions and regulatory legal acts of authorized body and pension rules of Fund.

4. Procedure for submission by Fund of information on condition of pension accruals of the Investor (Receiver) with indication of dates during the required period

10. Information on condition of pension accruals provided by Fund to the Investor (Receiver) includes data about:

1) to the amount of pension contributions, penalty fee, transfers of pension savings in Fund with indication of dates during the required period;

2) to the amount of pension accruals and the amount of the added investment revenue as of the beginning and the end of the required period;

3) to the size of commission fee from investment revenue and pension assets approved by Board of National Bank of the Republic of Kazakhstan and operating for the end of the required period according to article 53 of the Law on provision of pensions;

4) to the amount of retirement benefits and (or) transfers of pension savings from Fund and (or) the withheld individual income tax with indication of dates during the required period;

5) to the amount of other transactions which are reflected in the individual retirement account of the investor (receiver) with indication of dates during the required period.

11. If other is not specified in request of the Investor (Receiver), information on request of the Investor (Receiver) provided by Fund for any date requested by it includes the data listed in Item 10 of the Agreement, constituted as of the beginning and the end of the required period.

12. Informing the Investor (Receiver) on condition of its pension accruals on its request for any required date is made by Fund without collection of payment.

13. According to the statement of the Investor (Receiver) informing is carried out via means of communication (mail, e-mail and other means of communication provided by pension rules of Fund) or in case of the personal address of the Investor (Receiver).

5. Responsibility of the parties in case of default on obligations

14. For non-execution or improper execution of obligations assumed under the Agreement, the parties bear responsibility according to the procedure, established by the Agreement and the civil legislation of the Republic of Kazakhstan.

15. In case of delay because of Fund of transfers of pension savings the Fund shall pay penalty fee on the amount of the pension accruals which are subject to transfer for benefit of the Investor (Receiver) in the amount of 2, of 5-fold official rate of refinancing of National Bank of the Republic of Kazakhstan for each day of delay (including day of transfer).

16. The Fund shall pay penalty fee on benefits amount for benefit of person whose rights are violated for untimely implementation of retirement benefits, in the amount of 1, 5-fold official rate of refinancing of National Bank of the Republic of Kazakhstan for each day of delay (including day of payment).

17. Payment of penalty fee does not exempt Fund from obligation fulfillment for transfer of pension savings (implementation of retirement benefits).

18. The questions of responsibility which are not settled by the Agreement are regulated according to the legislation of the Republic of Kazakhstan on provision of pensions.

6. Responsibility of the parties in case of default on obligations owing to force majeure

19. Agreement parties are exempted from liability for partial or complete non-execution of agreement obligations if proper execution was impossible owing to force majeure circumstances.

20. Force majeure circumstances are the fires, floods, earthquakes, natural disasters, blockade, strikes, military operations, acts of terrorism and other similar circumstances which the parties could not expect and which directly influenced agreement performance.

21. At the request of the Investor (Receiver) the Fund represents copies of the documents confirming emergence of the circumstances specified in Item 20 of the Agreement.

7. Procedure and conditions of change or agreement cancelation

22. The agreement changes and supplemented by mutual consent of the parties in writing only by those provisions which are directly not determined by the legislation of the Republic of Kazakhstan on provision of pensions and which introduction will not entail contradictions to the legislation of the Republic of Kazakhstan on provision of pensions.

23. The agreement is terminated:

1) based on the judgment which took legal effect;

2) unilaterally at the initiative of the Investor (Receiver) in case of lack of pension accruals and receipts of pension contributions under the Agreement;

3) unilaterally at the initiative of Fund in case of lack of pension accruals and receipts of pension contributions within 36 (thirty six) months from the date of opening of the individual retirement account of the Investor (Receiver);

4) after 15 (fifteen) working days from the date of transfer of pension savings in the Voluntary accumulation pension fund on condition of lack of return of the translated pension accruals and receipts of pension contributions;

5) after 12 (twelve) months from the date of implementation of transfer of pension savings in insurance company on condition of lack of money on the individual retirement account of the Investor (Receiver);

6) after 12 (twelve) months from the date of implementation of payment of pension accruals on condition of lack of return of the paid pension accruals and receipts of pension contributions;

7) in day of receipt of the statement for transfer of pension savings at the expense of voluntary pension contributions in the Voluntary accumulation pension fund on condition of lack of pension accruals on the individual retirement account of the Investor (Receiver) in Fund.

8. Duration of the agreement

24. The agreement becomes effective from the date of its signing.

25. The agreement is effective before full implementation of the agreement obligations by the parties.

9. Final provisions

26. Not settled disputes of agreement parties are considered by courts of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan on civil legal proceedings.

27. The parties shall observe the legislation of the Republic of Kazakhstan on provision of pensions concerning the subject of the agreement and governing the relations of agreement parties.

28. The agreement is constituted in 4 copies, on two copies in the state and Russian languages having identical legal force.

10. Addresses, details and signatures of the parties

FUND _________________________________ (name of Fund, business and identification number _________________________________ bank details _________________________________ legal address Fonda (its branch or other division which is the place of agreement), phone number, the fax, e-mail) _________________________________ (surname, name, middle name (in case of its availability) the representative of Fund, the signature) locus sigilli (in the presence)

INVESTOR (RECEIVER) __________________________________ (surname, name, middle name (in case of its availability) __________________________________ individual identification number __________________________________ residence, phone number, e-mail) of pension rules it is informed: __________________________________ signature of the Investor (Receiver)

 

form 2

Standard form of the pension provision agreement at the expense of voluntary pension contributions with the single accumulation pension fund

city _________________                                                "___" ______ 20 __ years No. _________

"Single Accumulation Pension Fund" joint-stock company

________________________________________________________________________________

                    (the name according to the Charter, the location)

hereinafter referred to as "Fund", in лице____________________________________________

________________________________________________________________________________

               (position, surname, name, middle name (in case of its availability)

acting on the basis of the _______________________________________________________

________________________________________________________________________________

                                  (Charter or power of attorney),

________________________________________________________________________________

on the one hand, and legal entity (or physical person) ___________________________

                             (the full and abbreviated name according to the Charter,

________________________________________________________________________________

             the location - for the legal entity, surname, name,

________________________________________________________________________________

                                        middle name (in case of its availability),

________________________________________________________________________________

birth date, residence, identity document,

_____________, issued __________ "___" ___________________________________ years,

(series, number)                       (whom)                   (date of issue) - for physical person)

hereinafter referred to as "Investor", on behalf of the representative legal

persons ___________________________________________________________________________

                               (position, surname, name, middle name (in case of its availability)

acting on the basis of the _______________________________________________________

                                                            (Charter or power of attorney)

________________________________________________________________________________

from the second party and _______________________________________________ physical person

________________________________________________________________________________

(surname, name, middle name (in case of its availability),

________________________________________________________________________________

birth date, residence, identity document,

_______________, issued ____________, "___" ____________________ years,

(series, number) (whom) (date of issue)

having (having) individual identification number

_______________________________________________________________________________,

hereinafter referred to as (hereinafter referred to as)", from the third party, signed this Agreement about provision of pensions at the expense of voluntary pension contributions for benefit of the third party (further - the Agreement) as follows:

1. Subject of the agreement

1. According to the Agreement Investor brings voluntary pension contributions for benefit of the Receiver, and the Fund shall accept and carry out them obligations according to the legislation of the Republic of Kazakhstan on provision of pensions and terms of the contract.

2. Rights and obligations of the Parties

2. The fund shall:

1) to accept voluntary pension contributions;

2) to open to the Receiver the individual retirement account No. _________ _________________;

3) to perform individual accounting of pension accruals of the Receiver and the retirement benefits made to it;

4) to charge investment revenue on pension accruals of the Receiver;

5) without collection of payment to provide to the Receiver information on condition of its pension accruals on its request for any required date from the date of opening of the individual retirement account, and also to provide electronic and different ways of information access about its pension accruals taking into account provisions, the stipulated in Article 57 Laws of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" (further - the Law on provision of pensions);

6) to provide to the Investor information on condition of pension accruals of the Receiver in the presence of written consent of the Receiver who is drawn up according to requirements of the civil legislation of the Republic of Kazakhstan;

7) in case of the conclusion of the Agreement to inform the Investor and the Receiver of pension rules of Fund;

8) to provide at the request of the Receiver information on all changes infringing on interests of the Receiver, and also information on all changes and amendments in pension rules of Fund;

9) at the request of the Receiver to render him non-paid consulting services in questions of functioning of funded pension system and activities for management of investment portfolio;

To publish 10) in mass media of the data on structure of investment portfolio of Fund at the expense of pension assets according to the subitem 5) of Item 9 of article 34 of the Law on provision of pensions;

11) to provide confidentiality of information on condition of pension accruals of the Receiver;

12) according to the statement of the Receiver to transfer pension accruals of the Receiver to the Voluntary accumulation pension fund or insurance company according to the procedure, the provided Law on provision of pensions and regulatory legal acts of the authorized body performing state regulation, control and supervision of the financial market and the financial organizations (further - authorized body);

13) within 15 (fifteen) calendar days from the date of change of the details to inform on it the Investor and the Receiver by the publication of the announcement at least in 2 (two) periodic printing editions in the Kazakh and Russian languages;

14) in case of the death of the Receiver to pay him to family or person which performed burial, lump sum payment on burial in the limits established by the Law on provision of pensions;

15) in case of the death of the Receiver to pay all amount which is on its individual retirement account, to the heir (heirs) of the Receiver according to the procedure established by the civil legislation of the Republic of Kazakhstan;

16) in case of change of the details of the Receiver influencing obligation fulfillment of Fund to enter corresponding changes into the automated information system based on the documents confirming this change;

17) in case of achievement of fifty-year age by the Receiver or if the Receiver is disabled person, or in case of departure of the Receiver on the permanent residence out of limits of the Republic of Kazakhstan and emergence of the right to pension accruals according to article 33 of the Law on provision of pensions to perform payment of pension accruals according to the procedure, established by the Agreement;

18) to announce the size of commission fee to the Investor and the Receiver no later than 1 (one) month prior to the beginning of calendar year by the publication at least in 2 (two) printing editions in the Kazakh and Russian languages.

3. The fund has the right:

1) to earn commission fee in the amount of, the stipulated in Clause 53 Laws on the provision of pensions which is not exceeding extreme size, and according to the procedure;

2) on the questions connected with provision of pensions to represent the interests of the Investor and Receiver in court according to the procedure, stipulated by the legislation the Republic of Kazakhstan about civil legal proceedings;

3) to perform other rights which are not infringing and not worsening the rights of the Investor and Receiver according to the legislation of the Republic of Kazakhstan on provision of pensions.

4. The investor independently determines the size and frequency of payment of voluntary pension contributions.

5. The receiver shall report to Fund about all changes influencing accomplishment of obligations by Fund within 10 (ten) calendar days from the date of their approach with submission of supporting documents.

6. The receiver has the right:

1) to study pension rules of Fund;

2) to obtain information on condition of the pension accruals;

To receive 3) from Fund non-paid consulting services in questions of functioning of funded pension system and activities for investment management of pension assets;

4) to transfer pension accruals to the Voluntary accumulation pension fund or insurance company according to the procedure, the provided Law on provision of pensions and regulatory legal acts of authorized body;

5) to get retirement benefits from Fund in case of origin the driver's license according to article 33 of the Law on the provision of pensions according to the procedure established by the Agreement;

6) to bequeath the pension accruals according to the procedure, established by the civil legislation of the Republic of Kazakhstan;

To appeal 7) judicially actions of Fund.

7. The investor has the right:

1) to obtain information on condition of pension accruals of the Receiver based on its written consent which is drawn up according to requirements of the legislation of the Republic of Kazakhstan about provision of pensions;

To appeal 2) judicially actions of Fund.

3. Procedure and conditions of introduction of voluntary pension contributions, implementation of transfers of pension savings and retirement benefits

8. Voluntary pension contributions are brought in the amount of and with frequency, established according to item 4 of the Agreement.

9. Retirement benefits are made according to article 33 of the Law on provision of pensions. The procedure for receipt of retirement benefits is determined by pension rules of Fund.

10. The procedure and conditions of transfer of pension savings is provided in the Voluntary accumulation pension fund or insurance company by the Law on provision of pensions and regulatory legal acts of authorized body and pension rules of Fund.

4. Procedure for submission by Fund of information on condition of pension accruals of the Receiver with indication of dates during the required period

11. Information on condition of pension accruals provided by Fund to the Receiver includes data about:

1) to the amount of pension contributions, penalty fee, transfers of pension savings in Fund with indication of dates during the required period;

2) to the amount of pension accruals and the amount of the added investment revenue as of the beginning and the end of the required period;

3) to the size of commission fee from investment revenue and pension assets approved by Board of National Bank of the Republic of Kazakhstan and operating for the end of the required period according to article 53 of the Law on provision of pensions;

4) to the amount of retirement benefits and (or) transfers of pension savings from Fund and (or) the withheld individual income tax with indication of dates during the required period;

5) to the amount of other transactions which are reflected in the individual retirement account of the investor (receiver) with indication of dates during the required period.

12. If other is not specified in the Receiver's request, information on the Receiver's request for any date requested by it provided by Fund includes the data listed in Item 11 of the Agreement, constituted as of the beginning and the end of the required period.

13. Informing the Receiver on condition of its pension accruals on its request for any required date is made by Fund without collection of payment.

14. According to the statement of the Receiver informing is carried out via means of communication (mail, e-mail and other means of communication provided by pension rules of Fund) or in case of the personal address of the Receiver.

5. Responsibility of the parties in case of default on obligations

15. For non-execution or improper execution of obligations assumed under the Agreement, the parties bear responsibility according to the procedure, established by the Agreement and the civil legislation of the Republic of Kazakhstan.

16. In case of delay because of Fund of transfers of pension savings the Fund shall pay penalty fee on the amount of the pension accruals which are subject to transfer for benefit of the Receiver in the amount of 2, of 5-fold official rate of refinancing of National Bank of the Republic of Kazakhstan for each day of delay (including day of transfer).

17. The Fund shall pay penalty fee on benefits amount for benefit of person whose rights are violated for untimely implementation of retirement benefits, in the amount of 1, 5-fold official rate of refinancing of National Bank of the Republic of Kazakhstan for each day of delay (including day of payment).

18. Payment of penalty fee does not exempt Fund from obligation fulfillment for transfer of pension savings (implementation of retirement benefits).

19. The questions of responsibility which are not settled by the Agreement are regulated according to the legislation of the Republic of Kazakhstan on provision of pensions.

6. Responsibility of the parties in case of default on obligations owing to force majeure

20. Agreement parties are exempted from liability for partial or complete non-execution of agreement obligations if proper execution was impossible owing to force majeure circumstances.

21. Force majeure circumstances the fires, floods, earthquakes, natural disasters, blockade, strikes, military operations, acts of terrorism and other similar circumstances which the parties could not expect and which directly influenced agreement performance.

22. At the request of the Investor or the Receiver the Fund represents copies of the documents confirming emergence of the circumstances specified in Item 21 of the Agreement.

7. Procedure and conditions of change or agreement cancelation

23. The agreement changes and supplemented by mutual consent of the parties, in writing, only by those provisions which are directly not determined by the legislation of the Republic of Kazakhstan on provision of pensions and which introduction will not entail contradictions to the legislation of the Republic of Kazakhstan on provision of pensions.

24. The agreement is terminated:

1) based on the judgment which took legal effect;

2) unilaterally at the initiative of the Investor or the Receiver in case of lack of pension accruals and receipts of pension contributions under the Agreement;

3) unilaterally at the initiative of Fund in case of lack of pension accruals and receipts of pension contributions within 36 (thirty six) months from the date of opening of the individual retirement account of the Receiver;

4) after 15 (fifteen) working days from the date of transfer of pension savings in the Voluntary accumulation pension fund on condition of lack of return of the translated pension accruals and receipts of pension contributions;

5) after 12 (twelve) months from the date of implementation of transfer of pension savings in insurance company on condition of lack of money on the individual retirement account of the Receiver;

6) after 12 (twelve) months from the date of implementation of payment of pension accruals on condition of lack of return of the paid pension accruals and receipts of pension contributions;

7) in day of receipt of the statement for transfer of pension savings at the expense of voluntary pension contributions in the Voluntary accumulation pension fund on condition of lack of pension accruals on the individual retirement account of the Receiver in Fund.

8. Duration of the agreement

25. The agreement becomes effective from the date of its signing.

26. The agreement is effective before full implementation of the agreement obligations by the parties.

9. Final provisions

27. Not settled disputes of agreement parties are considered by courts of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan on civil legal proceedings.

28. The parties shall observe the legislation of the Republic of Kazakhstan on provision of pensions concerning the subject of the agreement and governing the relation of agreement parties.

29. The agreement is constituted in 4 copies, on two copies in the state and Russian languages having identical legal force.

10. Addresses, details and signatures of the parties

FUND ________________________________ (name of Fund, business identification number ________________________________ bank details ________________________________ legal address Fonda (its branch or other division which is the place of agreement), phone number, fax, e-mail) ________________________________ (surname, name, middle name (in case of its availability) the representative of Fund, signature) locus sigilli (in the presence)

INVESTOR ________________________________ (for the legal entity - the name, business and identification number ________________________________ bank details ________________________________ location, phone number, fax, e-mail) ________________________________ (for physical person - surname, name, middle name (in case of its availability) ________________________________ individual identification number ________________________________ residence, phone number, e-mail) of pension rules it is informed: ________________________________ signature of the Investor the locus sigilli (in the presence - for the legal entity)

RECEIVER ________________________________ (surname, name, middle name (in case of its availability) ________________________________ individual identification number ________________________________ residence, phone number, e-mail) of pension rules it is informed: ________________________________ signature of the Receiver

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info