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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 May 26, 2023 No. 27

About approval of Rules of the conclusion and standard form of the pension provision agreement at the expense of voluntary pension contributions

According to Item 1 of article 41 of the Social code of the Republic of Kazakhstan Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve:

1) Rules of the conclusion of the pension provision agreement at the expense of voluntary pension contributions according to appendix 1 to this resolution;

2) standard form of the pension provision agreement at the expense of voluntary pension contributions with the single accumulation pension fund according to appendix 2 to this resolution.

2. Recognize invalid regulatory legal act of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix 3 to this resolution.

3. 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.

4. 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.

5. This resolution becomes effective since July 1, 2023 and is subject to official publication.

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

M. Abylkasymova

 

Appendix 1

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of May 26, 2023 No. 27

Rules of the conclusion of the pension provision agreement at the expense of voluntary pension contributions

Chapter 1. General provisions

1. These rules of the conclusion of the pension provision agreement at the expense of voluntary pension contributions (further - Rules) are developed according to Item 1 of article 41 of the Social code of the Republic of Kazakhstan (further - the Social code) and determine procedure for the conclusion of the pension provision agreement at the expense of voluntary pension contributions.

2. In Rules the concepts applied in the values specified in the Social code are used.

Chapter 2. Procedure for the conclusion of the pension provision agreement at the expense of voluntary pension contributions

3. The investor (receiver) is considered joined the pension provision agreement at the expense of voluntary pension contributions from the date of receipt of primary amount of voluntary pension contribution or primary amount of the translated voluntary pension accruals or receipt of the unclaimed amount of warranty compensation according to the Law of the Republic of Kazakhstan "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan".

4. The standard form of the pension provision agreement at the expense of voluntary pension contributions is the agreement of accession signed by the investor (receiver) with single accumulative pension fund or the Voluntary accumulation pension fund which conditions are accepted by the investor (receiver) by accession to the offered agreement.

5. The standard form of the pension provision agreement at the expense of voluntary pension contributions is placed on Internet resource of the Voluntary accumulation pension fund.

Appendix 2

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of May 26, 2023 No. 27

Standard form of the pension provision agreement at the expense of voluntary pension contributions (the agreement of accession)

The pension provision agreement at the expense of voluntary pension contributions (the agreement of accession) (further - the Agreement) is signed between _________ (further - Fund) and the investor of voluntary pension contributions (the receiver of retirement benefits at the expense of voluntary pension contributions) (further - the Investor (Receiver)) by joining of the last to terms of the contract and establishes the rights, obligations and responsibility of the parties, and also other features of legal relationship between Fund and the Investor (Receiver).

1. Subject of the agreement

1. According to the Agreement Investor (Receiver) brings voluntary pension contributions, and the Fund shall accept and carry out them obligations according to the legislation of the Republic of Kazakhstan on social protection in the field of provision of pensions and terms of the contract.

2. The agreement is the agreement of accession signed according to requirements of Article 389 of the Civil code of the Republic of Kazakhstan, the Social code of the Republic of Kazakhstan (further - the Social code), the Pension rules of Fund (on accounting of voluntary pension contributions) approved by the internal document of Fund (further - pension rules of Fund).

The agreement, pension rules of Fund, change and amendment to them are placed on Internet resource of Fund and in branches of Fund in the place, available to review.

3. Opening in Fund of the individual retirement account for accounting of voluntary pension contributions is performed based on primary amount of voluntary pension contribution which arrived in Fund from the investor of voluntary pension contributions, or the amount of the voluntary pension accruals of the Investor (Receiver) translated from other accumulation pension fund or primary unclaimed amount of warranty compensation from the organization performing obligatory guaranteeing deposits according to the Law of the Republic of Kazakhstan "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan".

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