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THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of February 9, 2021 No. 15

About approval of the Standard form of the agreement on trust management of pension assets signed between the single accumulation pension fund and managing investment portfolio

According to Item 3 of article 35-1 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Standard form of the agreement on trust management of pension assets signed between the single accumulation pension fund and managing investment portfolio.

2. To provide to department of the security market in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after day of its first official publication.

The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market

M. Abylkasymova

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 9, 2021 No. 15

Standard form of the agreement on trust management of pension assets signed between the single accumulation pension fund and managing investment portfolio

 

"___" ___________ 20 ___ years

 

_______________________________

 

(name of the settlement)

This agreement about trust management of pension assets (further – the Agreement) is signed between the following parties (further – the Parties):

     JSC Single Accumulation Pension Fund 
___________________________________________________________________________, 
(number and date of the reference or certificate on state registration (re-registration)
JSC Single Accumulation Pension Fund), hereinafter referred to as "Fund", on behalf of 
___________________________________________________________________________, 
(position, surname, name, middle name (in the presence) acting on the basis of the Charter or powers of attorney,

     Managing director of investment portfolio 
___________________________________________________________________________, 
(name of the Managing director of investment portfolio, license number and date of issue,
business and identification number (further – BIN)) hereinafter referred to as "Managing director", on behalf of 
__________________________________________________________________________, 
(position, surname, name, middle name – in the presence) acting on the basis of the Charter or powers of attorney.

In the Agreement the following concepts and terms are used:

pension assets - the pension assets of Fund delivered in trust management of the Managing director according to article 35-1 of the Law 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);

trust management of pension assets - the obligation of the Managing director to exercise on its own behalf control transferred to its ownership, use and the order of pension assets, for the benefit of the beneficiary (Fund);

conventional unit of pension assets - the specific size of pension assets used for the characteristic of their change in result of trust management of managing investment portfolio;

the investment declaration - the document determining the list of investment objects, the purposes, strategy, conditions and restrictions of investing activities on pension assets, conditions of hedging and diversification of pension assets;

investment revenue - the money received (which are subject to obtaining) as a result of investment of pension assets;

investment portfolio - set of the financial instruments which are part of pension assets;

the managing director of investment portfolio - the professional participant of the security market performing on its own behalf both in interests and for customer account activities for management of investment portfolio based on the license granted according to the Laws of the Republic of Kazakhstan of July 2, 2003 "About the security market" (further - the Law on the security market) and of May 16, 2014 "About permissions and notifications", and also conforming to requirements of authorized body for implementation of management of pension assets;

bank custodian - the bank of the second level having the license of authorized body for custodial activities;

authorized body - the state body performing state regulation, control and supervision of the financial market and the financial organizations.

Chapter 1. Subject of the agreement

1. The fund, according to the procedure and on the conditions determined by the Agreement, transfers by the investment declaration, the Law on provision of pensions and the Law on the security market to the Managing director, and the Managing director accepts pension assets in trust management and performs on its own behalf in interests and at the expense of Fund investment management of the pension assets transferred by Fund.

Chapter 2. Basic provisions

2. The managing director conforms to the requirements established by regulatory legal acts of authorized body.

3. The investment declaration which is integral part of the Agreement is developed by the Managing director and affirms governing body of the Managing director.

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