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Ministry of Justice of Ukraine

December 17, 2013

No. 2128/24660

DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of November 19, 2013 No. 2605

About approval of the Regulations on procedure for the termination of mutual investment fund

(as amended on 24-12-2020)

According to Item 3 parts one and Item 30 parts two of Article 7, Items 13 and 23 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Articles 46, 47 and part six of article 55 of the Law of Ukraine "About institutes of joint investment" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on procedure for the termination of mutual investment fund which are applied.

2. Recognize invalid:

the decision of State commission on securities and the stock market of March 16, 2005 No. 107 "About approval of the Regulations on procedure for withdrawal of mutual investment fund from the Unified state register of institutes of joint investment", registered in the Ministry of Justice of Ukraine on April 14, 2005 No. 402/10682 (with changes);

the decision of State commission on securities and the stock market of October 5, 2010 No. 1516 "About approval of the Regulations on procedure for the termination of mutual investment fund and settlings with his participants in case of liquidation", registered in the Ministry of Justice of Ukraine on November 19, 2010 on No. 1150/18445 (with changes).

3. To provide to department of general investment and regulation of activities of institutional investors (O. Simonenko) submission of this decision on state registration in the Ministry of Justice of Ukraine.

4. 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.

5. This decision becomes effective since January 01, 2014, but not earlier than day of its official publication.

6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market A. Tarasenko.

Commission chairman

D. Tevelev

It is approved:

Chairman of Public service

Ukraine concerning regulatory policy

and developments of entrepreneurship

 

 

 

M. Yu. Brodsky

Approved by the Decision of the National commission on securities and the stock market of November 19, 2013 No. 2605

Regulations on procedure for the termination of mutual investment fund

I. General provisions

1. This Provision determines liquidation procedure of mutual investment fund (further - Fund) and settlings with his participants in case of liquidation, the sequence of actions and organizational actions which need to be performed for preparation and carrying out liquidation of Fund, procedure for cancellation of registration of release (releases) for investment certificates of Fund, the prospectus (prospectuses) of issue of investment certificates of Fund and cancellation of the certificate (certificates) on registration of release (releases) of investment certificates of Fund in case of the termination of Fund or recognition by the National commission on securities and the stock market (further - the Commission) release of investment certificates of Fund cancelled, and also procedure for exception of information about Fonda of the Unified state register of institutes of joint investment (further - the Register).

2. In this Provision terms are used in the following values:

exception of information about Fonda of the Register - entering of the corresponding record about the termination of Fund into the register;

the liquidation commission of Fund (further - liquidation commission) collegiate organ which is created in case of liquidation of Fund and performs the activities according to requirements of the Law of Ukraine "About institutes of joint investment" (further - the Law), this provision and regulations on liquidation commission;

liquidation of Fund - the actions directed to the termination of activities of Fund which are performed according to the procedure, provided by the Law, with observance of requirements of this provision;

the paragraph the fifth is excluded according to the Decision of the National commission on securities and the stock market of Ukraine of 03.10.2019 No. 581;

cancellation of registration of release (releases) of investment certificates - entering of the corresponding record into the Register.

3. The fund stops only by liquidation.

4. From the moment of decision making about liquidation of Fund placement and the circulation of investment certificates is forbidden.

5. Fonda makes the decision on liquidation authorized body of the company on asset management (further - KUA).

6. From decision date about liquidation of Fund remuneration of KUA it is not charged.

7. The fund is liquidated according to the procedure and in the terms established by this Provision.

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