of May 11, 2018 No. 36
About approval of the Regulations on the commission on the termination of existence of mutual investment fund
Based on part four of Item 3 of article 34 of the Law of the Republic of Belarus of July 17, 2017 "About investment funds", Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus", the Ministry of Finance of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on the commission on the termination of existence of mutual investment fund.
2. This resolution becomes effective since July 23, 2018.
First Deputy Minister
M. L. Yermolovich
Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of May 11, 2018 No. 36
1. This Provision determines requirements to structure of the commission on the termination of existence of mutual investment fund (further - the commission), procedure for its creation and activities.
2. The commission is created for the purpose of implementation of actions for the termination of existence of mutual investment fund.
3. The commission in the activities is guided by this Provision, the Law of the Republic of Belarus of July 17, 2017 "About investment funds" (The national legal Internet portal of the Republic of Belarus, 22.07. 2017, 2/2490) and other acts of the legislation.
4. The commission is created by the order of the Ministry of Finance of the Republic of Belarus (further - the Ministry of Finance) within ten working days on the expiration of three-months term from the moment of the termination of the corresponding state accreditations of management company of mutual investment fund and specialized depositary of this fund or suspension and non-renewal of such accreditations if changes and (or) additions made to the rules of mutual investment fund concerning the conclusion of the property trust management agreement of mutual investment fund with other management company and service provision agreements on accounting of property of mutual investment fund, its storage with other specialized depositary did not become effective.
5. The order on creation of the commission is issued based on the conclusion about creation of the commission (further - the conclusion).
The conclusion and the draft of the order on creation of the commission prepare Department on securities of the Ministry of Finance (further - Department on securities).
6. The conclusion shall contain:
full name and the location of management company and specialized depositary of mutual investment fund which stops existence;
data on property trust management agreements of mutual investment fund, on rendering services in accounting of property of mutual investment fund, to its storage;
the basis for creation of the commission according to part one of Item 3 of article 34 of the Law of the Republic of Belarus "About investment funds";
offers on structure of the commission: about candidates for the chairman, members and the secretary of the commission (with indication of surname, own name, middle name (if that is available), place of employment and post);
other data which are essential to decision making about creation of the commission.
7. The order on creation of the commission shall contain:
basis for creation of the commission;
full name and location of management company and specialized depositary of mutual investment fund;
structure of the commission: the information about the chairman, the secretary and members of the commission (with indication of surname, own name, middle name (if that is available), place of employment and post);
powers of the commission;
the bases for the termination of activities of the commission, including in cases:
completion of implementation of the powers assigned to the commission;
renewals of the state accreditation at management company of mutual investment fund and (or) at specialized depositary of this fund;
other data.
8. Changes and (or) additions based on the conclusion about need of the modification and (or) amendments in the order on creation of the commission containing reasons for such need can be made to the order on creation of the commission.
The commission chairman notifies management company and specialized depositary of mutual investment fund on creation of the commission no later than two working days following behind day of the publication of the order on creation of the commission, the letter on paper or in the form of the electronic document.
9. Information on creation of the commission reveals by its placement on the global computer Internet on single information resource of the security market, the official sites of management company and specialized depositary of mutual investment fund no later than five working days following behind day of the publication of the order on creation of the commission.
The Ministry of Finance opens on the official site on the global computer Internet information on creation of the commission by placement:
order on creation of the commission;
the actions plan on the termination of existence of mutual investment fund (further - the plan);
the report on the termination of existence of mutual investment fund (further - the report);
other information connected with activities of the commission.
Information specified in part two of this Item reveals no later than five working days following behind day of the edition (approval) of the relevant documents and shall be available to review to all interested persons on permanent basis within 6 months from the date of the termination of existence of mutual investment fund.
10. The director of the department of securities or his deputy is appointed the commission chairman. The secretary of the commission is the employee of Department on securities.
The commissions are included other employees of Department on securities considering questions of the termination of existence of mutual investment funds and also employees of other structural divisions of the Ministry of Finance, republican state bodies can join.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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