of August 27, 2013 No. 234
About approval of form of the standard custodial agreement signed between bank custodian and the Voluntary accumulation pension fund
According to the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve form of the standard custodial agreement signed between bank custodian and the Voluntary accumulation pension fund according to appendix to this resolution.
2. This resolution becomes effective after ten calendar days after day of its first official publication.
Chairman of National Bank
G. Marchenko
Appendix
to the Resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2013 No. 234
Form
This Agreement is signed between the following parties:
Voluntary accumulation pension fund,
_________________________________________________________________________,
(name)
having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) on management of investment portfolio with the right of attraction of voluntary pension contributions
_________________________________________________________________________,
(license number and date of issue)
hereinafter referred to as "Fund" on behalf of
_________________________________________________________________________,
(position, surname, name, in the presence - middle name)
acting on the basis of the _________________________________________________
(Charter or power of attorney).
Bank Custodian
_________________________________________________________________________,
(bank name, license number, date of issue)
hereinafter referred to as "Custodian" on behalf of
_________________________________________________________________________,
(position, surname, name, in the presence - middle name)
acting on the basis of the _________________________________________________
(Charter or power of attorney).
1. The subject of the agreement is provision of services on safe custody and accounting of the financial instruments and money which are part of pension assets of Fund.
2. The fund performs attraction of voluntary pension contributions (further - pension contributions) from investors and makes retirement benefits to investors (receivers) having pension accruals on individual retirement accounts in Fund exercises control of investment portfolio. For implementation of these functions the Fund opens bank accounts in Custodian.
3. The fund charges, and the Custodian with compliance with law of the Republic of Kazakhstan and according to the Agreement performs accounting of financial instruments and money, confirmation of the rights by them, storage of documentary financial instruments with acceptance on itself obligations on their safety according to the legislation of the Republic of Kazakhstan.
4. The custodian shall:
1) to open and manage to Fund the bank account intended for investments into tenge (further - the bank investment account in tenge) with the account mode described in Section 3 of the Agreement;
2) to open and manage to Fund the bank account intended for investment in foreign currency (further - the bank investment account in foreign currency) with the account mode described in Section 4 of the Agreement;
3) to open and manage to Fund the bank account intended for retirement benefits in tenge (further - the bank account of retirement benefits in tenge) with the account mode described in Section 5 of the Agreement;
4) to open and manage to Fund the bank account intended for retirement benefits in foreign currency (further - the bank account of retirement benefits in foreign currency) with the account mode described in Section 6 of the Agreement;
5) to open and operate to Fund off-balance accounts for accounting and storage of the securities and other financial instruments permitted for investment at the expense of pension assets with the account mode described in Section 7 of the Agreement (further - accounts on accounting of financial instruments);
6) to receive pension contributions with transfer during the operational day on the bank investment account in tenge;
7) to get transfers of pension savings from other Funds, the single accumulation pension fund and other receipts with transfer during the operational day on the bank investment account in tenge;
8) to present Fonda of the notification on movement of money on bank investment accounts in tenge and in foreign currency on transaction types not later ________ hours of the next operational day;
9) daily to ________ hours of the present operational day to present Fonda electronic payment orders of the MT-100 format and electronic lists of the MT-102 format - the payment documents arriving on the bank investment account in tenge for the previous operational day;
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