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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 June 7, 2023 No. 51

About approval of Translation rules of pension accruals from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund

According to the subitem 3) article 15 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 Translation rules of pension accruals from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund, according to appendix 1 to this resolution.

2. Recognize invalid regulatory legal act of the Republic of Kazakhstan, and also separate structural elements of regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix 2 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 June 7, 2023 No. 51

Translation rules of pension accruals from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund

Chapter 1. General provisions

These rules of transfer of pension savings from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund (further - Rules) are developed according to the Social code of the Republic of Kazakhstan and determine procedure for transfer of pension savings of investors (receivers) from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund.

1. For the purposes of Rules the following concepts are used:

1) the statement for transfer of pension savings - the written address about transfer of pension savings of the investor (receiver), created at the expense of voluntary pension contributions from the single accumulation pension fund in connection with agreement cancelation about provision of pensions at the expense of voluntary pension contributions and transfer of pension savings in the Voluntary accumulation pension fund, or from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund in connection with agreement cancelation about provision of pensions at the expense of voluntary pension contributions and transfer of pension savings;

2) Fund sender - the single accumulation pension fund or the Voluntary accumulation pension fund from which the pension accruals created at the expense of voluntary pension contributions in connection with agreement cancelation about provision of pensions at the expense of voluntary pension contributions and transfer of pension savings in the Voluntary accumulation pension fund or in the single accumulation pension fund are translated;

3) Fund receiver - the single accumulation pension fund or the Voluntary accumulation pension fund to which the investor (receiver) transfers pension accruals based on the signed pension provision agreement at the expense of voluntary pension contributions;

4) transfer of pension savings - consecutive actions of Fund sender, bank - custodian of Fund sender, necessary for transfer of the transferred amount of the pension accruals created at the expense of voluntary pension contributions on the individual retirement account of the investor (receiver) in Fund receiver;

5) pension accruals - the money of the investor (receiver) considered on its individual retirement account, including voluntary pension contributions, investment revenue, penalty fee and other receipts according to the agreement, the Social code of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for transfer of pension savings from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund

2. The investor (receiver) for the purpose of transfer of pension savings submits the following documents to Fund sender:

1) the statement for transfer of pension savings in form according to appendix 1 to Rules;

2) the copy of the identity document of the investor (receiver), and its original or the electronic document from service of digital documents for review;

3) in case of change of surname, name, in the presence of middle name of the investor (receiver) - the copy of the documents confirming these changes (the certificate on the conclusion or annulment of marriage, on change of surname, name, in the presence of middle name, the judgment which took legal effect) and their originals or electronic documents from service of digital documents for review;

4) the copy of the pension provision agreement at the expense of voluntary pension contributions signed with Fund receiver.

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