It is registered
Ministry of Justice
Russian Federation
On November 7, 2022 No. 70835
of June 28, 2022 No. 796-P
About additional requirements to general meeting of owners of investment shares of closed-end investment fund
This Provision based on the paragraph of the thirteenth subitem 1 of Item 9 and Item 14 of article 18 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" <1> establishes additional requirements to procedure for preparation, convocation and holding general meeting of owners of investment shares of closed-end investment fund and change and amendment in the rules of trust management of closed-end investment fund connected with change of other provisions of rules of trust management of closed-end investment fund according to which decision is made by general meeting of owners of investment shares of closed-end investment fund.
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<1> Russian Federation Code, 2001, No. 49, Art. 4562; 2013, No. 30, Art. 4084.
1.1. The written requirement of owners of investment shares of closed-end investment fund about convocation of general meeting (further respectively - general meeting, fund, investment shares) shall be submitted to managing company and specialized depositary of fund one of the following methods:
the mailing or mail and messenger service to the addresses of managing company and specialized depositary of fund within their location specified in the Unified State Register of Legal Entities (further - the USRLE);
delivery under the signature to persons performing functions of sole executive body of managing company, sole executive body of specialized depositary of fund or the other persons authorized on behalf of managing company, specialized depositary of fund to accept the written correspondence addressed to them;
by giving by the owner of investment shares whose rights to investment shares are considered by the nominee holder, the foreign nominee holder the foreign organization having the right according to its personal law to perform accounting and transition of the rights to securities (further - the client nominee holder), instructions (instruction) to the client nominee holder if it is provided by the contract with it, and the directions the client nominee holder of the message on declaration of will of the owner of investment shares according to the specifying (instruction) received from it (if maintaining the register of owners of investment shares of fund is performed by specialized depositary of this fund);
the different ways provided by rules of trust management of fund and allowing to establish authentically the sender of the requirement about convocation of general meeting.
1.2. The requirement about convocation of general meeting shall contain the following data:
surname, name, middle name (the last - in the presence) each owner of investment shares - the physical person requiring convocation of general meeting;
the name (for the commercial organization - full trade name) and the primary state registration number (further - PSRN) or registration number in country of incorporation (in the absence of PSRN) each owner of investment shares - the legal entity (the foreign organization, not being the legal entity according to the country right, where the organization is founded) requiring convocation of general meeting;
quantity of the investment shares belonging to each owner of investment shares from requiring convocation of general meeting;
the agenda of general meeting containing formulations of each offered question of the agenda of general meeting. If the questions included in the agenda of general meeting require change and amendment of rules of trust management of fund, are applied the project of changes and amendments to the requirement about convocation of general meeting, and also edited the text trust management of fund taking into account the specified changes and amendments.
1.3. The requirement about convocation of general meeting for the decision of owners of the investment shares requiring convocation of general meeting may contain formulations of decisions on the offered questions.
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