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Ministry of Justice

Republic of Moldova

On April 16, 2015 No. 1038

RESOLUTION OF THE NATIONAL COMMISSION ON THE FINANCIAL MARKET OF THE REPUBLIC OF MOLDOVA

of February 27, 2015 No. 10/19

About approval of the Regulations on procedure for maintaining the register of owners of investment shares

Based on Art. 96 of the h. (2) the Law No. 171 of July 11, 2012 "About the capital market" (The official monitor of the Republic of Moldova, 2012, No. 193-197, the Art. 665) the National commission on the DECIDES: financial market

1. Approve Regulations on procedure for maintaining the register of owners of investment shares according to appendix.

2. This resolution becomes effective from the date of publication.

Chairman of the National commission on the financial market

Artur Hermann

Appendix

to the Resolution of the National commission on the financial market of the Republic of Moldova of February 27, 2015 No. 10/19

Regulations on procedure for maintaining the register of owners of investment shares

This Provision is partial transposition of the Directive 2009/65/EU of the European Parliament and Council of July 13, 2009 about approval of acts of the legal force and administrative acts about the organizations of collective investment into securities (OKITsB) (reforming) published in the Official magazine of the European Union by L 302 of November 17, 2009 and Directives 2007/43/EU of the Commission of July 1, 2010 about application of the Directive 2009/65/EU of the European Parliament and Council on organizational requirements, conflicts of interest, standards of behavior, risk management and contents of the agreement between depositary and society of trust management published in the Official magazine of the European Union by L 176 of July 10, 2010.

Chapter I. General provisions

1. This provision determines requirements to the register of owners of investment shares (further – the Register) and to procedure for its maintaining.

2. The concepts and expressions used in this Provision have the determinations provided by the Law on the capital market No. 171 of July 11, 2012 (further – the Law No. 171 of July 11, 2012). Also for the purposes of this provision the below-stated concepts have the following determinations:

savings account of investment fund – the current account opened in depositary bank of investment fund and intended for funds accumulation for the purpose of continuous release and the redemption of investment shares;

the account of the owner of investment shares intended for accounting – the account opened in the register of owners of investment shares for accounting of the property right to investment shares of registered persons;

the investment fund account intended for accounting – the account opened in the register of owners of investment shares for quantitative accounting of investment shares of investment fund;

the register of owners of investment shares – the register which includes set of the information supported by the documents, stored in the automated information systems concerning accounting of the property right to investment shares of registered persons which allows to identify these persons, and also quantity of the investment shares belonging to them;

system of maintaining the register of owners of investment shares – set of the interdependent equipment, the resources and information technologies, and also the related documents intended for collection, registration, processing, storage and submission of information within activities for maintaining the register of owners of investment shares;

the tough carrier – the tool (paper, CD ROM, the DVD, hard disks of personal computers) which allows the investor to store information addressed to it personally so that it was available to the subsequent consultation and during the adequate period of time depending on the purposes of the relevant information and which gives the chance in accuracy to reproduce the stored information.

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