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It is registered
Ministry of Justice of Ukraine
September 3, 2013
No. 1516/24048
of August 13, 2013 No. 1468
About approval of the Regulations on structure and the size of expenses which are refunded for the asset account of institute of joint investment
According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets" and the Law of Ukraine "About institutes of joint investment" the National commission on securities and share roar of RESHILA:
1. Approve Regulations on structure and the size of expenses which are refunded for the asset account of institute of joint investment which is applied.
2. Provisions of the paragraph of the twenty second Item 2 of the Section I of this Provision it is applied to the bargains concluded till December 31, 2013 inclusive.
3. Declare invalid the decision of State commission on securities and the stock market of July 2, 2002 No. 196 "About approval of the Regulations on structure and the size of expenses which are refunded for the asset account of institute of joint investment", registered in the Ministry of Justice of Ukraine on July 22, 2002 for No. 600/6888 (with changes).
4. To provide to department of joint investment and regulation of activities of institution investors (O. Simonenko) submission of this decision on state registration in the Ministry of Justice of Ukraine.
5. To provide to management of information technologies, external and internal communications (A.Zaik):
publication of this decision in the official printing publication of the National commission on securities and the stock market;
promulgation of this decision on the official site of the National commission on securities and the stock market.
6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market O. Tarasenko.
7. This decision becomes effective since January 1, 2014.
Commission chairman
D. Tevelev
The minutes of the Commission of August 13, 2013 No. 39
Approved by the Decision of the National commission on securities and the stock market of August 13, 2013 No. 1468
1. This Provision is developed according to the Laws of Ukraine "About institutes of joint investment", "About the capital markets and the organized goods markets", "About state regulation of the capital markets and the organized goods markets" and establishes requirements concerning structure and the size of expenses which are refunded for the asset account of institute of joint investment.
2. 2. The expenses connected with creation and the subsequent ensuring activities of institute of joint investment are paid for the asset account of institute of joint investment namely:
1) remuneration and award of the company on asset management;
2) remuneration of professional participants of depositary system of Ukraine;
3) remuneration of investment firm;
4) remuneration of the operator of the organized market;
5) remuneration of the subject of auditor activities;
6) remuneration of the appraiser of property;
7) fee on conducting financial accounting of the legal entity with which the agreement on implementation of financial accounting of institute of joint investment is signed;
8) payment of cost of administration and notarial services;
9) fee of bank, provided by part three, item 4 of part eight and part ten of article 47 of the Law of Ukraine "About banks and banking activity";
10) fee on promulgation of information which is subject to obligatory promulgation;
11) expenses for use of public electronic registers and databases, the order of paid references, excerpts, etc.;
12) fee of communication and data transmission;
13) expenses on development, ensuring support of functioning of the website of institute of joint investment;
14) the rent, including the expenses connected with content and operation of leased property;
15) payment of information services, services in legal representation, marketing services (carrying out the marketing researches) connected with determination of investment object of means of institute of joint investment.
16) the expenses connected with acquisition, deduction, protection, improvement, repair, operation and realization of the assets which are part of assets of the relevant institute of joint investment;
17) payment of the promotion services connected with production and distribution of advertizing concerning the institute of joint investment and assets which are its part;
18) expenses on insurance of assets of institute of joint investment and activities with assets;
19) interest payment on the loans attracted by the company on asset management according to the legislation for the redemption of securities of institute of joint investment;
20) remuneration payment to persons which are part of the supervisory board of corporate investment fund;
21) the expenses on training connected with ensuring qualification level of knowledge of persons which are part of the supervisory board of corporate investment fund;
22) legal costs, expenses on legal assistance, services of the collection company, remuneration of the private contractor;
23) payment of the state fee, taxes and fees, stipulated by the legislation Ukraine.
3. For the asset account of institute of joint investment also the amounts which were paid by the company for asset management (for open and interval institutes of joint investment) at the expense of own means as the price of the redemption of securities of institute of joint investment are compensated in case of insufficiency of means which constitute assets of institute of joint investment.
4. Other expenses, not stipulated in Item 2 it undressed, and also expenses which exceed the size, stipulated in Item the 10th Section II of this Provision, are performed by the company on asset management on own account.
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