of February 24, 2012 No. 56
About approval of Rules of issue of permission to carrying out reorganization of the accumulation pension fund and transfer of pension assets of the attached accumulation pension fund
1. Approve the enclosed Rules of issue of permission to carrying out reorganization of the accumulation pension fund and transfer of pension assets of the attached accumulation pension fund.
2. Recognize invalid the following regulatory legal acts of the Republic of Kazakhstan:
2) the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of November 29, 2010 No. 169 "About entering of amendments and changes into the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of August 28, 2009 No. 199 "About approval of Rules of issue of permission to reorganization of the accumulation pension fund" (registered in the Register of state registration of regulatory legal acts at No. 6724, published on September 16, 2011 in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan No. 7).
3. This resolution becomes effective after ten calendar days after day of its first official publication.
Chairman of National Bank G. Marchenko
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 56
These rules of issue of permission to carrying out reorganization of the accumulation pension fund and transfer of pension assets of the attached accumulation pension fund (further - Rules) are developed according to the Law of the Republic of Kazakhstan of June 20, 1997 "About provision of pensions in the Republic of Kazakhstan" (further - the Law) and determine conditions and approval procedure on voluntary reorganization of the accumulation pension fund (further - Fund) and transfers of pension assets of the attached accumulation pension fund to the reorganized accumulation pension fund.
1. For receipt of permission of the state body performing state regulation, control and supervision of the financial market and the financial organizations on reorganization, Fund (Funds) provides (provide) the petition for receipt of permission to the carrying out voluntary reorganization (further - the petition) signed by the first head of Fund in case of its absence - person replacing it.
2. The petition is submitted in Committee on control and supervision of the financial market and the financial organizations of National Bank of the Republic of Kazakhstan (further - authorized body) in form according to appendix to these rules.
4. The petition of Fund is considered by authorized body within one month from the date of representation of complete document package.
5. Conditions, form, procedure and terms of voluntary reorganization of Fund are determined in respect of reorganization of Fund.
6. Permission to reorganization of Fund it is issued in case of observance of the following conditions by Fund:
1) lack of the unexecuted obligation on compensation of the added amount of negative commission fee by means of transfer of outstanding amount at the expense of own means on account of pension assets;
2) lack of the unexecuted obligation on compensation of negative difference between indicator of nominal profitability of Fund and the minimum value of profitability before investors (receivers) of Fund;
3) availability of written consent of the state body performing state regulation, control and supervision of the financial market and the financial organizations on acquisition of the status of the large participant at persons who will correspond to signs of the large member of the reorganized Fund, as a result of accession to it of other Fund and (or) other legal entities;
4) compliance of forecast value of coefficients of sufficiency of equity and profitability of pension assets of Fund (Funds), to the requirements established by the Instruction about normative values of prudential standard rates, technique of their calculations for the accumulation pension funds approved by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of August 5, 2009 No. 180 (registered in the Register of state registration of regulatory legal acts at No. 5789) on the first reporting date after completion of the procedure of reorganization of Fund (Funds);
5) sufficiency of the measures provided by the plan of reorganization of Fund for ensuring continuous obligation fulfillment before investors (receivers) according to pension provision agreements;
6) sufficiency of the measures provided by the plan of reorganization of Fund for ensuring smooth functioning of program technical means and the automated information system of the Fund which attached to itself other Fund (legal entity);
7) availability of the decision of authorized state body on protection of the competition about consent to economic concentration;
8) publications of the decision on reorganization of Fund within fifteen calendar days from the date of receipt of permission to carrying out reorganization by the publication of the announcement in printing editions in the Kazakh and Russian languages;
9) absence at the organization attached to Fund exercising investment control of pension assets, obligations to other Funds.
The requirements established in subitems 1), 2), 3), 4) of this Item do not extend to Fund (Funds) with participation of the state, National welfare fund "Samruk? azyna" and (or) National Bank of the Republic of Kazakhstan.
7. The plan of reorganization of Fund to which accession is performed includes:
1) bases of carrying out reorganization, reorganization form;
2) actions for carrying out reorganization, including the description of operations procedure concerning pension and own assets;
3) expected date of completion of the actions connected with reorganization;
4) data on measures for ensuring accomplishment of obligations on payments and transfers of pension assets taking into account structure of investors (receivers) of the attached Fund;
5) data on measures for ensuring accomplishment of prudential standard rates;
6) data on measures for ensuring smooth functioning of programmnotekhnichesky means and the automated information system of the Fund which attached to itself other Fund (legal entity);
7) information reflecting features of reorganization.
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The document ceased to be valid since January 7, 2014 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2013 No. 217