of May 8, 2018 No. 35
About approval of the Instruction about procedure for the conclusion of the property trust management agreement of mutual investment fund
Based on the paragraph of the fourth Item 1 of article 5 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 Instruction about procedure for the conclusion of the property trust management agreement of mutual investment fund.
2. This resolution becomes effective since July 23, 2018.
Minister
V. V. Amarin
Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of May 8, 2018 No. 35
1. This Instruction determines conditions and procedure for the conclusion of the property trust management agreement of mutual investment fund (further - the agreement) with other management company in case of impossibility of performance management company of mutual investment fund of the agreement or refusal of management company of mutual investment fund of execution of such agreement if such opportunity is provided by rules of mutual investment fund (further - rules), and also procedure for cession of property of mutual investment fund in connection with the conclusion of the specified agreement.
2. In this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of July 17, 2017 "About investment funds" are applied (The national legal Internet portal of the Republic of Belarus, 22.07. 2017, 2/2490).
3. In case of impossibility of performance management company of closed-end investment fund (further - closed-end investment fund) the agreement or refusal of this management company of agreement performance if such opportunity is provided by rules closed-end investment fund, the management company makes the decision on refusal of property trust management closed-end investment fund in connection with impossibility to exercise such trust management (further - the decision).
4. The management company within three working days from decision date notifies on the made decision of owners of investment shares closed-end investment fund, specialized depositary of this fund, Department on securities of the Ministry of Finance of the Republic of Belarus (further - Department) according to the procedure established by the legislation and rules closed-end investment fund.
5. In the terms determined by rules closed-end investment fund, but no later than twenty working days from the date of the notification specified in item 4 of this Instruction convocation of general meeting of owners of investment shares closed-end investment fund according to the procedure, the stipulated in Clause 26 Laws of the Republic of Belarus "About investment funds" and rules closed-end investment fund is performed.
General meeting of owners of investment shares the closed-end investment fund makes the decision concerning the conclusion of the agreement with other management company if such opportunity is provided by rules closed-end investment fund, modification and (or) amendments of the investment declaration closed-end investment fund and approvals of the changes and (or) additions made to rules closed-end investment fund.
No later than three working days from decision date on the questions specified in part two of this Item the copy of the protocol of general meeting of owners of investment shares closed-end investment fund goes to management company closed-end investment fund, other management company, specialized depositary closed-end investment fund.
6. The cession of property closed-end investment fund of other management company is performed no later than twenty working days from acceptance date by general meeting of owners of investment shares closed-end investment fund of the decision on the questions specified in part two of Item 5 of this Instruction after completion by management company closed-end investment fund of settlings with specialized depositary of this fund, auditing organization (the auditor performing activities as the individual entrepreneur (further - the auditor - the individual entrepreneur)), the contractor of assessment who is the legal entity, or the appraiser - the individual entrepreneur, other persons whose services were used in connection with property trust management closed-end investment fund, and reconciliations with specialized depositary closed-end investment fund of cost, structure, structure and movement of property closed-end investment fund, and also implementation of the redemption of investment shares according to the procedure and the terms established by the legislation and rules closed-end investment fund.
7. Transfer of property to other management company closed-end investment fund is performed by the actual transfer by management company closed-end investment fund of this property, and also transfer of the following documents:
source accounting documents concerning property closed-end investment fund;
the register of owners of investment shares closed-end investment fund created the next working day after date of reconciliation;
the investment declaration the closed-end investment fund also governed;
other documents provided by rules closed-end investment fund.
Transfer of property to other management company closed-end investment fund is performed under the delivery-acceptance certificate. The documents connected with property closed-end investment fund are transferred according to the inventory which is integral part of the delivery-acceptance certificate and shall contain data on the name of assignable documents and the number of pages in them.
By transfer of the documentary securities which are part of property closed-end investment fund, the delivery-acceptance certificate shall contain all obligatory details of securities, the stipulated by the legislation Republic of Belarus for this type of securities, with indication of series and sequence numbers of these securities.
The delivery-acceptance certificate (all its copies) are signed by heads (authorized persons) of management company closed-end investment fund, specialized depositary closed-end investment fund, other management company, the chief accountants of the above-stated organizations or heads of the organizations or individual entrepreneurs rendering to such organizations services in conducting financial accounting and creation of the accounting and (or) financial reporting.
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