of June 1, 2018 No. 41
About investment shares
Based on paragraphs two, the fifth, tenth or twelfth, fourteenth, sixteenth Item 1 of Article 5, No. 52-Z "About investment funds" the Ministry of Finance of the Republic of Belarus DECIDES: parts three of Item 10 of article 27 of the Law of the Republic of Belarus of July 17, 2017
1. Approve the Instruction about procedure for issue, the address and repayment of investment shares, maintaining the register of investment funds, requirements to rules of mutual investment fund it (is applied).
2. This resolution becomes effective after its official publication.
Minister
V. V. Amarin
Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of June 1, 2018 No. 41
1. This Instruction establishes procedure for issue of investment shares, assignments of the state registration number to investment shares, obligatory details of investment share, procedure for the address and repayment of investment shares, requirements to information and the scope of information which shall contain in rules of mutual investment fund, procedure for maintaining the register of investment funds.
2. For the purposes of this Instruction terms and their determinations in values, stipulated in Item 1 article 1 of the Law of the Republic of Belarus "About investment funds" are used.
The terms "owner", "the bank statement of "depot", "correspondence relations", "unorganized market", "organized market", "the professional participant of the security market" and "the account of "depot" have the values determined respectively by paragraphs the fifth, sixth, twentieth – twenty third, the twenty eighth, thirty second, the thirty ninth and fiftieth part one of Article 1, part two of article 36 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market".
The term "information" matters, determined by the paragraph the twelfth parts one of article 1 of the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "About information, informatization and information security".
The term "personal data" matters, determined by the paragraph the ninth article 1 of the Law of the Republic of Belarus of May 7, 2021 No. 99-Z "About personal data protection".
The terms "electronic copy of the paper document", "digital signature" and "electronic document" have the values determined respectively by paragraphs the fourteenth or sixteenth article 1 of the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".
3. Obligatory details of investment share are:
security type – investment share;
complete and reduced (in case of its availability) the name of mutual investment fund (further, unless otherwise specified, – mutual fund) conforming to requirements of Items 2 and 3 of article 7 of the Law of the Republic of Belarus "About investment funds";
complete and reduced (in case of its availability) the name, the location of management company of mutual investment fund (further, unless otherwise specified, – management company mutual fund);
date of state registration and state registration number of investment shares;
surname, own name, middle name (if that is available), the residence or the place of stay (for physical persons) or full name, the location (for legal entities) the owner of investment share.
4. When implementing state registration of investment shares the state registration number which extends to all set of investment shares is assigned to them and represents code:
X-XXX-XX-XXXXX,
where the first and second line items specify numbers of codes of areas (the cities of regional subordination) and areas on the nation-wide qualifier of the Republic of Belarus to OKRB 003-2017 "System of designations of subjects to administrative-territorial division and settlements" approved by the resolution of the State committee on standardization of the Republic of Belarus of March 6, 2017 No. 17;
the third line item specifies the type (opened or closed) and category opened (open or open interval) mutual investment fund: (05) open mutual investment fund; (51) open interval mutual investment fund; (06) closed-end investment fund;
the fourth line item specifies sequence number of state registration of investment shares.
5. The procedure of issue of investment shares when forming mutual fund includes the following stages:
5.1. decision making about forming mutual fund, approval of rules of mutual investment fund and the investment declaration of mutual investment fund;
5.2. the conclusion management company mutual fund of agreements with:
the depositary which established correspondence relations with the central depositary on rendering services in accounting of investment shares, rights to them and encumbrances (restrictions) of these rights, to forming of the register of owners of investment shares (further – the depositary performing forming of the register of owners of investment shares);
specialized depositary on rendering services in accounting of property mutual fund (further – specialized depositary mutual fund), to its storage;
auditing organization or the auditor – the individual entrepreneur on carrying out annual statutory audit of the annual accounting and (or) financial reporting of management company;
the organization or the individual entrepreneur rendering services in conducting financial accounting and creation of the accounting and (or) financial reporting on rendering the corresponding services (if necessary);
the contractor of assessment who is the legal entity, or the appraiser – the individual entrepreneur on rendering services in property assessment mutual fund;
other persons whose services will be used in connection with forming mutual fund and property trust management of it mutual fund;
5.3. registration of rules of mutual investment fund.
Registration of rules of mutual investment fund is performed according to Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 14.5.2 "Registration of rules of mutual investment fund", the approved resolution of the Ministry of Finance of the Republic of Belarus of March 17, 2022 No. 13.
Documents are filed not later than one month before the start date of forming mutual fund specified in rules of mutual investment fund;
5.4. state registration of investment shares and their transfer on centralized accounting to depositary system.
State registration of investment shares is performed according to Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 14.5.1 "State registration of investment shares", the approved resolution of the Ministry of Finance of the Republic of Belarus of March 17, 2022 No. 13.
State registration of investment shares can be performed along with registration of rules of mutual investment fund.
After state registration of investment shares no later than the working day following behind day of entering of the corresponding data into the register of investment funds, Department on securities of the Ministry of Finance (further, unless otherwise specified, – Department on securities):
sends to Central Securities Depository in the Republic of Belarus (further – the central depositary) the questionnaire of investment shares according to appendix 1;
opens information on state registration of investment shares on the official site of the Ministry of Finance on the global computer Internet (further – the official site of the Ministry of Finance) and the single portal of the financial market;
5.5. disclosure of rules of mutual investment fund according to requirements of Item 25 of this Instruction;
5.6. placement of investment shares on the original cost determined by rules of mutual investment fund;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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