ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 10, 2010 No. 708

About approval of Rules of the organization and carrying out tender on the conclusion of trust management agreements of means of pension accruals with Fund of pension and social insurance of the Russian Federation and Rules of prolongation of the trust management agreements of means of pension accruals signed with Fund of pension and social insurance of the Russian Federation

For the purpose of implementation of the Federal Law "About Investment of Means for Financing of Funded Pension in the Russian Federation" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of the organization and carrying out tender on the conclusion of trust management agreements of means of pension accruals with Fund of pension and social insurance of the Russian Federation;

Rules of prolongation of the trust management agreements of means of pension accruals signed with Fund of pension and social insurance of the Russian Federation.

2. Recognize invalid:

the order of the Government of the Russian Federation of May 8, 2003 No. 266 "About tenders on selection of managing companies for the conclusion with them the Pension Fund of the Russian Federation of the trust management agreement of means of pension accruals" (The Russian Federation Code, 2003, No. 20, the Art. 1900);

the order of the Government of the Russian Federation of October 11, 2004 No. 536 "About modification of orders of the Government of the Russian Federation of May 8, 2003 No. 266 and of June 30, 2003 No. 395" (The Russian Federation Code, 2004, No. 42, the Art. 4135);

Item 2 of the order of the Government of the Russian Federation of April 20, 2010 No. 249 "About the organization and carrying out tender on the conclusion of the service provision agreement of specialized depositary to the Pension Fund of the Russian Federation, rules and conditions of prolongation of such agreement" (The Russian Federation Code, 2010, No. 18, the Art. 2236).

Approved by the Order of the Government of the Russian Federation of September 10, 2010 No. 708

Rules of the organization and carrying out tender on the conclusion of trust management agreements of means of pension accruals with Fund of pension and social insurance of the Russian Federation

1. These rules determine procedure for the organization and carrying out tender on the conclusion of trust management agreements of means of pension accruals with Fund of pension and social insurance of the Russian Federation (further respectively - tender, the agreement).

2. The state customer of rendering services of trust management is the Fund of pension and social insurance of the Russian Federation.

The organizer of tender is the Fund of pension and social insurance of the Russian Federation (further - the organizer of tender).

3. Order placement on rendering services of managing companies to Fund of pension and social insurance of the Russian Federation in trust management of means of pension accruals is performed by carrying out tender.

4. Tender is open and is carried out according to the procedure, established by the Federal Law "About Placing Orders for the Supply of Goods, Works and Services for State and Municipal Needs" taking into account the features established by the Federal Law "About Investment of Means for Financing of Funded Pension in the Russian Federation" and these rules in the following cases:

a) at least 5 managing companies having licenses for activities on management of investment funds, mutual investment funds and non-state pension funds addressed within calendar year the organizer of tender with the offer on carrying out tender;

b) the number of managing companies with which contracts are signed appears less than 3;

c) as a result of tender the total quantity of managing companies with which contracts are signed and managing companies which are allowed to the conclusion of agreements by results of the specified tender appears less than 3.

5. The organizer of tender determines date of tender, publishes the notice on carrying out tender, and also develops and publishes the tender documentation.

Tender in the case provided by the subitem "an" of item 4 of these rules is carried out in time, not exceeding 4 months from the date of receipt to the organizer of tender of the address (addresses) from managing companies taking into account whom, (which) the total quantity of such addresses which arrived to the organizer of tender will constitute 5.

6. The contest committee is created according to Item 6 of article 19 of the Federal law "About Investment of Means for Financing of Funded Pension in the Russian Federation" and performs the activities according to the Federal Law "About Placing Orders for the Supply of Goods, Works and Services for State and Municipal Needs".

The organization of work on forming of the contest committee and determination of procedure for its work is performed by the organizer of tender.

7. As a part of the bid bidders (managing companies) submit the documents certified by the signature of the head (or persons, it replacing) and seal of managing company (in the presence of seal) (documents which amount exceeds 1 leaf, are stitched and numbered), the stipulated in Article 25 Federal Laws "About Placing Orders for the Supply of Goods, Works and Services for State and Municipal Needs" and Item 5 of article 19 of the Federal law "About Investment of Means for Financing of Funded Pension in the Russian Federation", and also:

a) documents, copies of documents, the necessary calculations confirming compliance of the bidder to the requirements provided by appendix;

b) the sizes the offered bidder of remuneration and necessary expenses of managing company on investment of means of pension accruals;

c) the copy of license for activities on management of investment funds, mutual investment funds and non-state pension funds certified in accordance with the established procedure;

d) the audit opinion about reliability of accounting (financial) records of the bidder constituted in accordance with the legislation of the Russian Federation about auditor activities for the last 3 years and for the end of the reporting quarter preceding application for participation in tender;

e) information on affiliates of the bidder containing full name (surname, name and middle name - for physical person), identification taxpayer number, the location and the postal address (the residence - for physical person) each of affiliates, data on the affiliation basis, and also if the affiliate is shareholder (participant) of the bidder, - data on the size of its share in the authorized (share) capital of the bidder;

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