of November 23, 2022 No. 104
About approval of Rules for apportionment of investment revenue from asset management, delivered in trust management and considered on the account opened in the central depositary for accounting of unclaimed money
According to Item 2 of article 80-1 of the Law of the Republic of Kazakhstan "About the security market" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market
1. Approve the enclosed Rules for apportionment of investment revenue from asset management, delivered in trust management and considered on the account opened in the central depositary for accounting of unclaimed money.
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 ten calendar days 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
It is approved National Bank of the Republic of Kazakhstan |
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Appendix
to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of November 23, 2022 No. 104
These rules of distribution of investment revenue from asset management, delivered in trust management and considered on the account opened in the central depositary for accounting of unclaimed money (further – Rules) are developed according to Item 2 of article 80-1 of the Law of the Republic of Kazakhstan "About the security market" and determine procedure for distribution of investment revenue from asset management, delivered in trust management and considered on the account opened in the central depositary for accounting of unclaimed money.
1. Trust management of the assets which are in the central depositary and considered on the account opened for accounting of unclaimed money is performed by National Bank of the Republic of Kazakhstan (further – National Bank) based on the agreement on trust management of assets signed between National Bank and the central depositary (further – the agreement).
2. The agreement is signed in writing. Regulations about the property trust management agreement according to Chapter 44 of the Civil code of the Republic of Kazakhstan are applied to the agreement.
3. The investment revenue gained as a result of asset management, delivered in trust management of National Bank and considered on the account opened in the central depositary for accounting of unclaimed money (further – investment revenue) is charged in national currency of the Republic of Kazakhstan.
4. The National Bank according to the agreement, but at least once a year, notifies the central depositary on the amount of investment revenue.
5. Charge of investment revenue is performed to persons whose unclaimed money was considered on the account for unclaimed money in the central depositary in prior year, or to heirs (legal successors) of these persons.
6. For the purpose of charge of investment revenue to persons specified in Item 5 of Rules, the central depositary no later than the 15th day of the first month of calendar year creates the list of such persons (further – the list) as of 00:00 hours on the first of January the current year on the basis of data of the system of accounting.
7. The investment revenue is charged by the central depositary to persons specified in the created list no later than the last working day of the first month of calendar year.
8. For the purpose of determination of the amount of investment revenue which is subject to distribution to the faces included in the list, the central depositary from the amount of investment revenue verified with National Bank subtracts commission amount of National Bank for trust management, the amount of the expenses which are actually incurred by National Bank connected with trust management of unclaimed money and also the commission of the central depositary for investment of unclaimed money.
9. Distribution of the amount of investment revenue calculated according to Item 8 of Rules, to each of the faces included in the list, performs the central depositary in proportion to the amount of remaining balance of the money which is due to this person and time of their storage on the account opened in the central depositary for accounting of unclaimed money.
10. The amount which is subject to distribution to each of persons included in the list is subject to rounding to two signs after comma.
If the amount of investment revenue of the individual constitutes less than one tiyn, then charge of investment revenue to this person is not performed.
11. The questions which are not settled by Rules are permitted according to the Civil code of the Republic of Kazakhstan, the agreement and (or) the set of rules of the central depositary.
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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