THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of February 9, 2021 No. 17

About approval of the Standard form of the custodial agreement signed between the single accumulation pension fund, managing investment portfolio and bank custodian

According to Item 11 of article 35-1 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Standard form of the custodial agreement signed between the single accumulation pension fund, managing investment portfolio and bank custodian.

2. To provide to department of the security market in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after day of its first official publication.

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 9, 2021 No. 17

Standard form of the custodial agreement signed between the single accumulation pension fund, managing investment portfolio and bank custodian

"___" _________ 20 __ years

_______________________________________ (name of the settlement)

This custodial agreement (further – the Agreement) is signed between

following parties:

         JSC Single Accumulation Pension Fund

__________________________________________________________________,

 (number and date of the reference or certificate on state registration

      (re-registrations) of JSC Single Accumulation Pension Fund)

hereinafter referred to as "Fund", on behalf of

__________________________________________________________________,

              (position, surname, name, middle name (in case of its availability))

acting on the basis of the Charter or powers of attorney,

         Managing director of investment portfolio

__________________________________________________________________,

            (name of the Managing director of investment portfolio,

                                      license number and date of issue)

hereinafter referred to as "Managing director", on behalf of

__________________________________________________________________,

                (position, surname, name, middle name (in case of its availability))

acting on the basis of the Charter or powers of attorney,

         Bank custodian

__________________________________________________________________,

                    (bank name, license number, date of issue)

hereinafter referred to as "Custodian", on behalf of

__________________________________________________________________,

                   (position, surname, name, middle name (in case of its availability))

acting on the basis of the Charter or powers of attorney.

In the Agreement the following concepts and terms are used:

pension assets - the pension assets of Fund delivered in trust management of the Managing director according to article 35-1 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" (further - the Law on provision of pensions);

trust management of pension assets - the obligation of the Managing director to exercise on its own behalf control transferred to its ownership, use and the order of pension assets, for the benefit of the beneficiary (Fund);

investment revenue - the money received (which are subject to obtaining) as a result of investment of pension assets;

investment portfolio - set of the financial instruments which are part of pension assets;

the managing director of investment portfolio - the professional participant of the security market performing on its own behalf both in interests and for customer account activities for management of investment portfolio based on the license according to the laws of the Republic of Kazakhstan of July 2, 2003 "About the security market" (further - the Law on the security market) and of May 16, 2014 "About permissions and notifications", and also conforming to requirements of authorized body for implementation of management of pension assets;

bank custodian - the bank of the second level having the license of authorized body for the right of implementation of custodial activities;

authorized body - the state body performing state regulation, control and supervision of the financial market and the financial organizations.

Chapter 1. Subject of the agreement

1. The subject of the agreement is provision by Custodian of services in safe custody and accounting of the pension assets which are in trust management of the Managing director performing on its own behalf at the expense of pension assets and for the benefit of Fund investment management of pension assets on bank and off-balance accounts in Custodian.

2. Agreement parties are Fund, the Managing director and Custodian.

Chapter 2. Rights and obligations of the Parties

3. The custodian shall:

1) to open Fonda and to manage the bank account intended for investments into tenge (further - the bank investment account in tenge) with the account mode described in Chapter 3 of the Agreement;

2) to open Fonda and to manage the bank account intended for investments in foreign currency (further - the bank investment account in foreign currency) with the account mode described in Chapter 4 of the Agreement;

3) to open Fonda and to operate off-balance accounts for accounting and storage of the securities and other financial instruments permitted for investment of pension assets (further - the account on accounting of financial instruments), with the account mode described in Chapter 5 of the Agreement;

To enlist 4) on bank investment accounts in tenge and (or) in foreign currency during the operational day of receipt on pension assets transfers of pension assets;

5) to provide notifications to the Managing director and Fund of the statement about movement of money on bank investment accounts in tenge and foreign currency on transaction types, and also the entering payment orders no later than 09:00 hours of the next operational day;

6) to perform payment orders of the Managing director on money transfer from the bank investment account in tenge and the bank investment account in foreign currency for the corresponding bank accounts of partners in tenge and foreign currency in case of investment of pension assets and to make write-off (transfer) of securities with (on) accounts (account) on accounting of financial instruments, and also placement (return) of money on (c) bank (bank) deposits (deposits);

7) to perform payment orders of Fund for transfer of pension assets between the bank investment account in tenge and the current account of pension contributions in the tenge opened in National Bank of the Republic of Kazakhstan;

8) to perform payment orders of Fund for transfer of pension assets from the bank investment account in tenge for bank investment accounts in the tenges which are in management at other Managing directors;

9) to perform payment orders of Fund for return of wrong pension contributions from the bank investment account in tenge;

10) to perform payment orders on transfer of the commission fee withheld from pension assets from the bank investment account in tenge for the bank account of Fund and from investment revenue from the bank investment account in tenge for the bank account of the Managing director based on the tripartite reconciliation statement between the Managing director, Custodian and Fund;

11) to inform and provide to the Managing director and Fund the performance report of transactions with financial instruments and statements from personal account on accounting of financial instruments no later than 10:00 hours of the working day following behind day of transfer (write-off) of securities;

12) to ensure safety of pension assets;

13) to provide daily accounting of the transactions connected with movement of pension assets;

14) to store the reporting under pension assets, and also source documents under accounting of pension assets within five years from the date of the agreement cancelation concluded between Fund, Custodian and the Managing director;

15) to provide compliance of accounting and assessment of pension assets, with the performed Custodian, to Managing directors and Fund, by means of implementation of daily reconciliation of the added investment revenue and current value of the pension assets which are in trust management at the Managing director for the previous operational day no later than 15:00 hours of the present operational day;

16) to render services of the nominee holder in the amount determined by the Law on the security market, the Rules of implementation of custodial activities in the security market of the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of July 26, 2013 No. 184, registered in the Register of state registration of regulatory legal acts at No. 8692 and Rules of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of the central depositary, provision of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence and provision by the nominee holder of customer information which securities are in its nominal continence, upon the demand of the central depositary and the issuer, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of October 22, 2014 No. 210, registered in the Register of state registration of regulatory legal acts at No. 9876 (further - Rules No. 210);

17) to observe confidentiality of data on bank investment accounts and accounts on accounting of financial instruments of Fund according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" and the Law on the security market;

18) it is regular to carry out counter reconciliation of data according to the procedure, provided by Chapter 7 of the Agreement;

19) not to execute orders of the Managing director on money transfer from bank investment accounts in tenge or in foreign currency and write-off of securities from accounts on accounting of financial instruments from the moment of receipt of the formal notice from authorized body on suspension of action of the license of the Managing director and until receipt of the formal notice from authorized body on renewal of action of the license of the Managing director;

20) from the moment of obtaining from Fund of the notification on the direction of the written notice to the Managing director of suspension of validity about trust management of pension assets concluded between Fund and the Managing director or its termination to be effective according to written orders of Fund;

21) in writing to inform the Managing director and Fund on suspension (termination) of action of the license for custodial activities or other circumstances leading to change of the rights of Custodian to storage and accounting of pension assets, in time no later than the working day following behind day of receipt of the official decision of authorized body;

To respond 22) within 5 (five) working days to written requests of Fund and the Managing director;

23) to exercise control of receipt of the amounts on financial instruments. In case of untimely and (or) incomplete repayment of the added coupon remuneration and (or) dividends and (or) the amount of principal debt on debt and to equity securities, untimely return of the deposit amount and (or) remuneration on contribution, or other financial instruments, no later than the next working day, behind day of detection of the fact of untimely repayment of obligations to carry out the corresponding work on clarification of origins of the specified facts with the notification of Fund and the Managing director for acceptance of the adequate adjusting measures by them;

24) to enlist income gained on financial instruments on bank investment accounts of Fund in day of receipt of the income on correspondent account of Custodian, and also to credit the amount received according to the concluded bargains according to source documents, to perform transfer of other amounts upon receipt of confirmation about receipt of the amounts to Custodian;

25) to exercise control of compliance of transactions with pension assets to requirements of the Law on provision of pensions, including of target placement (use) of pension assets;

26) without delay to notify authorized body, Fund, the Managing director, and also stock exchange if the bargain is concluded in its trade system, about discrepancy of the concluded bargain to the Laws on provision of pensions and on the security market;

4. The custodian has the right:

1) monthly to receive payment for the services from the Agreement Managing according to Chapter 6 it agrees to the corresponding invoices for payment which are made out by Custodian;

2) to terminate the Agreement on conditions and according to the procedure, provided by Chapter 10 of the Agreement;

3) to make out invoices for payment to the Managing director according to the agreement on trust management of pension assets signed between Fund and the Managing director on expense recovery of Custodian on fee of the relevant organizations performing functions of the nominee holder for servicing of transactions with pension assets and account management on accounting of financial instruments;

4) not to perform payment orders of the Managing director or Fund on write-off of the amounts from bank investment accounts of tenge or in foreign currency in case of absence on the specified accounts of the amounts sufficient for execution of such payment orders taking into account the current receipts;

5) to change rates with the prior written consent and the notification of Fund and the Managing director about it in 30 (thirty) working days;

To charge 6) in procedure without acceptance off bank investment account in tenge and (or) in foreign currency of expense amount, the broker commissions connected with payment, exchange charges and other expenses connected with purchase or sale of financial instruments in the organized and unorganized markets of securities according to transactions of the Managing director with pension assets which are confirmed by source documents and are fixed monthly in the tripartite reconciliation statement according to Chapter 7 of the Agreement;

7) for the purpose of accounting and storage of pension assets of Fund to open accounts at foreign custodians.

5. The fund shall:

1) to provide compliance of accounting and assessment of pension assets with the Managing director and Custodian by means of implementation of daily reconciliation of the added investment revenue and current value of the pension assets which are in trust management at the Managing director for the previous operational day no later than 15:00 hours of the present operational day;

To represent 2) to Custodian of the copy of the reference or certificate on state registration (re-registration) of the legal entity, charter, prospectus of share issue and report on share placing results (in case of registration of Fund in the form of joint-stock company), and also copies of all changes and amendments to the specified documents no later than 3 (three) working days from the date of their issue;

To inform 3) Custodian and the Managing director on all sanctions inflicted on Fund from the representative and/or state bodies or other circumstances leading to change in the rights of Fund to implementation of activities in day of receipt of the decision of the relevant state body;

To provide 4) to Custodian the document package determined by the Rules of opening, maintaining and closing of bank accounts of clients approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 207, registered in the Register of state registration of regulatory legal acts at No. 14422 and Rules No. 210, for opening of the accounts specified in subitems 1), 2) and 3) of Item 3 of the Agreement;

In writing to notify 5) Custodian on all changes (change of the leading employees having right to sign on payment documents, changes of addresses, phones) no later than day of the approach of changes following behind day with provision of the relevant documents in Custodian within 2 (two) working days;

6) it is regular to carry out counter reconciliation of data according to the procedure, provided by Chapter 7 of the Agreement.

6. The fund has the right:

1) to earn commission fee for the activities according to the Law on provision of pensions;

2) to terminate the Agreement on conditions and according to the procedure, provided by Chapter 10 of the Agreement;

3) to obtain information from Custodian and the Managing director about the activities for trust management of pension assets performed by the Managing director, according to the procedure, stipulated in Item 7 Agreements.

7. The managing director shall:

1) to report to Custodian details of the organization (organizations) performing (performing) broker and (or) dealer activities in the security market (further - the broker dealer) with which, (which) the Managing director signed the service provision agreement of the broker in the security market in day of the conclusion of the agreement;

2) it is regular to carry out counter reconciliation of data according to the procedure, provided by Chapter 7 of the Agreement;

To provide 3) to Custodian and Fund the copy of the license for the right of implementation of activities for management of the investment portfolio, notarially attested document with specimen signatures of leading employees of the Managing director, representatives to sign written orders to Custodian on behalf of the Managing director;

To report 4) to Custodian and Fund in writing in time at least in 2 (two) months about expected liquidation or reorganization of the Managing director;

5) to perform investment of pension assets and to direct to Custodian payment documents to money transfer on the specified details and orders on transfer (write-off) of securities on (from) the account (accounts) on accounting of financial instruments and placement (return) of money in (c) bank (bank) deposits (deposits);

To direct 6) along with the direction to the broker dealer of originals of orders for the conclusion of transactions with participation of pension assets to Custodian of the copy of such orders (the power of attorney to payment, the order on transfer) and orders on transfer (write-off) of securities on (from) the account (accounts) on accounting of financial instruments within operational day of Custodian, providing thereby possibility of Custodian to participate in system of confirmation of the transactions made in the organized market of securities and to exercise control of execution of transactions and target placement of pension assets;

With independent participation of the Managing director in transactions of purchase and sale of securities as the broker dealer - to inform 7) or to notify in writing Custodian on participation in the biddings and their results in day of the conclusion of the transaction of purchase and sale of securities;

8) to present Fonda the report on committed transactions with pension assets the next working day after transactions till 10:00 o'clock the present operational day;

9) monthly no later than 5 (fifth) working days of the month following month under report to present Fonda information on results of investing activities;

To provide 10) to Custodian and Fund of the copy of bank deposit agreements with banks of the second level in day of their conclusion;

11) to pay the invoices for payment which are made out by Custodian according to the subitem 3) of item 4 of the Agreement, no later than 10 (ten) working days from the date of drawing of the account in time;

12) to provide compliance of accounting and assessment of pension assets with Fund and Custodian by means of implementation of daily reconciliation of the added investment revenue and current value of the pension assets which are in trust management at the Managing director for the previous operational day no later than 15:00 hours of the present operational day;

To inform 13) Custodian and Fund on suspension (termination) of action of the license for activities for management of investment portfolio or other circumstances leading to change in the Managing director's rights to investment of pension assets in day of receipt of the decision of authorized body;

In writing to notify 14) Custodian on all changes (change of the leading employees having right to sign on payment documents, change of addresses, phones, identification number) in day of approach of changes with provision of the relevant documents in Custodian within 2 (two) working days;

To provide 15) to Custodian the copy of the agreement on trust management of pension assets signed between Fund and the Managing director and also copies of all changes and amendments to it no later than 3 (three) working days from the date of its conclusion.

8. The managing director has the right:

1) to terminate the Agreement on conditions and according to the procedure, provided by Chapter 10 of the Agreement;

2) to receive service fee according to the agreement on trust management of pension assets, concluded between Fund and the Managing director.

Chapter 3. The mode of the bank investment account in tenge

9. The bank investment account in tenge is intended for transfer of transfers of pension assets, write-offs of pension assets, receipts on pension assets, the income on the financial instruments which resulted from investment of pension assets, repayment of securities, placement in bank deposits and receipts of amounts repaid on the bank deposits placed in banks of the second level in national currency, and also realization of the financial instruments acquired at the expense of pension assets, and other receipts and expenses.

10. The order right the bank investment account in tenge belongs to the Managing director and Fund according to the Agreement.

11. The money which is on the bank investment account in tenge is not subject to pledge, providing the guarantees, guarantees and other obligations of the Managing director or Fund, except as specified, provided by the Agreement.

12. If the Custodian is bank of the sender of money, the Custodian has the right to refuse carrying out payment or transfer if follows from purpose of payment that payment/transfer does not correspond to the mode of the bank investment account, stipulated in Item 9 Agreements or execution of such payment orders it is not allowed according to subitems 6) - 11) and 20) Item 3 of the Agreement.

Chapter 4. The mode of the bank investment account in foreign currency

13. The bank investment account in foreign currency is intended for transfer of receipts on pension assets, realization of the rights of requirements for which is made in foreign currency, acquisitions of the foreign currency at the expense of the pension assets directed to security purchase, nominated in foreign currency, sales of foreign currency, receipt of the gained income on financial instruments which cost is expressed in foreign currency, repayments of securities, placements in bank deposits and receipts of amounts repaid on the deposits placed in banks of the second level in foreign currency and other receipts and expenses in foreign currency.

14. The order right the bank investment account in foreign currency belongs to the Managing director and Fund according to the Agreement.

15. The money which is on the bank investment account in foreign currency is not subject to pledge, providing the guarantees, guarantees and other obligations of the Managing director or Fund, except as specified, provided by the Agreement.

16. If the Custodian is bank of the sender of money, the Custodian has the right to refuse carrying out payment or transfer if follows from purpose of payment that payment/transfer does not correspond to the mode of the bank investment account, stipulated in Item 13 Agreements or execution of such payment orders also 20) Item 3 of the Agreement is not allowed according to subitems 6).

Chapter 5. Mode of the account on accounting of financial instruments

17. The account on accounting of financial instruments is the off-balance account of Fund intended for accounting of the securities and other financial instruments acquired at the expense of pension assets.

18. The order right the account on accounting of financial instruments belongs to the Managing director.

19. The financial instruments which are on the account on accounting of financial instruments are not subject to pledge, providing guarantees, guarantees and other obligations of the Managing director or Fund.

Chapter 6. Size and payment procedure of services of Custodian

20. The managing director pays bills of Custodian according to the Agreement within 10 (ten) working days from the date of receipt of the original invoice.

21. The rates of Custodian specified in appendix to the Agreement are integral part of the Agreement. In case of change of rates of Custodian these changes are drawn up in the form of the supplementary agreement.

Chapter 7. Form and frequency of the reporting

22. The statement about transfer (write-off) of securities on (from) the account (accounts) on accounting of financial instruments and placement (return) of money in (c) bank (bank) deposits (deposits), and also statements of "Central Securities Depository" joint-stock company and foreign custodian as of the first of the following month under report it is provided to the Managing director and Fund of Custodian, no later than the fifth working day of the month following for reporting.

23. The custodian within 5 (five) working days of the month following the accounting period creates in electronic form and sends to the Managing director and Fund for reconciliation the following data about:

1) to structure of financial instruments;

2) movement of money on bank investment accounts in tenge and foreign currency;

3) current value of investments at the expense of pension assets for calculation of commission fee from pension assets;

4) to the amount of the added investment revenue for calculation of commission fee from investment revenue;

5) to the amount of commission fee of Fund from pension assets;

6) to the amount of commission fee of the Managing director from investment revenue;

7) to receivables amount on the added commission fee;

8) expense amount, specified in the subitem 6) of item 4 of the Agreement.

23-1. The managing director within 5 (five) working days after day of publication on official Internet resource of National Bank of the Republic of Kazakhstan of data on coefficients of nominal profitability of the pension assets which are in trust management creates in electronic form and sends to Custodian and Fund for reconciliation data on compensation amount of negative difference between the nominal profitability of pension assets received by the Managing director and the minimum value of profitability of pension assets.

24. The reconciliation according to the data specified in subitems of 1)-8) of Item 23 of the Agreement is performed by Fund, the Managing director and Custodian within 3 (three) working days, and drawn up by the tripartite reconciliation statement which is signed by authorized representatives of Custodian, the Managing director and Fund no later than 20 (twentieth) working days of the month following month under report.

The reconciliation of the amount specified in Item 23-1 is performed by Fund, the Managing director and Custodian and is drawn up by the tripartite reconciliation statement which is signed by authorized representatives of Custodian, the Managing director and Fund in time, established in Item 11 of the Rules and terms of compensation of negative difference managing investment portfolio at the expense of equity approved by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 15, 2021 No. 30.

In the reconciliation statement are specified:

1) date of creation of the reconciliation statement and the period for which the reconciliation is performed;

2) information for the period for which the reconciliation, about the amounts is performed:

the added remuneration from pension assets and investment revenue;

the added final income or loss;

3) information for date of creation of the reconciliation statement on (o) balances in cash on investment accounts;

4) other data provided by the Agreement.

25. In case of other expenses connected with implementation of investing activities concerning pension assets, Custodian, the Managing director and Fund make reconciliation on such expenses.

Chapter 8. Responsibility of the parties

26. In case of untimely execution of orders (orders) of the Managing director by Custodian or Fund directed by them in accordance with the terms of the Agreement the Custodian pays to the party, the order (order) of which is not performed in time, penalty in the amount of 1, of 5-fold official rate of refinancing established by National Bank of the Republic of Kazakhstan on payment date charged on the amount specified in the order unexecuted in time for each day of delay, including day of payment.

27. In case of untimely payment of accounts, specified in the subitem 3) of item 4 and in the subitem 11) of Item 7 of the Agreement, the Managing director shall pay to Custodian penalty in the amount of 1, of 5-fold official rate of refinancing established by National Bank of the Republic of Kazakhstan on payment date charged on outstanding amount for each day of delay, including day of payment according to the agreement on trust management of pension assets signed between Fund and the Managing director.

28. The party which caused damage to other party or the parties as a result of non-execution, the wrong or untimely execution of the agreement obligations by it shall within five working days after emergence of such circumstances indemnify loss to this party or the parties and to pay them penalty in the amount of the official rate of refinancing established by National Bank of the Republic of Kazakhstan on the payment date expected the amount of damage of each of the parties separately.

29. The parties are exempted from payment of the penalties specified in Items 26, 27 and 28 Agreements if the bases of emergence of penalties are directly connected with the force majeure circumstances specified in Chapter 9 of the Agreement.

30. The managing director bears responsibility for untimely representation of payment orders to Custodian for payment under the performed transactions on primary, the secondary security market of the Republic of Kazakhstan and in the international markets, and also for submission of the orders which are not corresponding to the set of rules of the central depositary, or the payment orders which are not corresponding to the Agreement.

Chapter 9. Force majeure circumstances

31. If any of the parties disturb, interfere or detain to fulfill the agreement obligations of force majeure circumstance specified in Item 32 of the Agreement, execution of agreement obligations by such party stops in proportion to time during which force majeure circumstances and in that degree in what they disturb last, interfere or detain execution of the above-named obligations.

32. Force majeure circumstances mean any circumstances, including, but, without being limited, the fires, floods, earthquakes, the wars (announced and which are not announced), revolts, strikes, civil wars or conflicts, adoption of the laws, resolutions, decisions and other acts of the representative and (or) the state bodies directly or indirectly prohibiting the types of activity specified in the Agreement.

33. In day of emergence of force majeure circumstances the party which has obstacles in accomplishment of agreement obligations in writing notifies other parties on approach of force majeure circumstances and on their influence on accomplishment of such obligations by it. If the party did not make the notification on force majeure circumstances as it is established by this Item, such party loses the right stipulated by Item 34 of the Agreement, except as specified when for such party as a result of approach of force majeure circumstances began impossible to send the notification to other parties.

34. Within one working day after the termination of force majeure circumstances, the party involved in it in writing notifies other parties on the termination of force majeure circumstances and resumes execution of the agreement obligations. If force majeure circumstances proceed more than one month after its approach, the either party has the right to withdraw from the contract according to Chapter 10 of the Agreement.

Chapter 10. Duration of the agreement and procedure for its termination

35. The agreement is considered the prisoner from the moment of its signing by the parties and is effective is termless.

36. The agreement is terminated along with the general bases of discharge of the Agreement in one of the following cases:

1) according to the decision of Fund;

2) upon the demand of the Managing director;

3) according to the decision of Custodian;

4) in case of suspension of action or deprivation of the license of the Custodian performing storage and accounting of the pension assets which are in trust management of the Managing director, and not the conclusion of the new custodial contract with other bank custodian within 10 (ten) calendar days after date of suspension of action or deprivation of the license of Custodian.

37. The initiator of agreement cancelation shall notify agreement parties in thirty calendar days prior to the planned date of agreement cancelation.

38. The agreement is considered terminated after completion of the procedure of transfer of pension assets of Fund to new Custodian according to the procedure, established by authorized body.

39. In case of agreement cancelation at the initiative of Custodian the Custodian shall fulfill agreement obligations until signing by Fund and the Managing director of the custodial contract with other bank having the license of authorized body for the right of implementation of custodial activities.

Chapter 11. Other conditions

40. The parties shall observe the legislation of the Republic of Kazakhstan concerning the subject of the agreement and governing the relations of agreement parties.

41. The agreement is constituted in triplicate in the state and Russian languages having identical legal force, in one copy for each of the parties.

42. In case of contradiction of the terms of the contract to conditions of any other contract or agreement concluded between the parties separately or together provisions of the Agreement are priority and the parties will be guided first of all by Agreement provisions.

43. Changes and additions are made to the Agreement in the written consent of the parties by signing of the supplementary agreements which are integral part of the Agreement.

44. Not settled disputes of agreement parties are resolved in the procedure established by the civil legislation of the Republic of Kazakhstan.

45. Any of the parties has no right to transfer or yield the rights or obligations under the Agreement to the third parties.

Chapter 12. Details and signatures of the parties

Fund	Managing director
_________________________________ (details of Fund, business identification number, postal address, phones, bank identification code, individual identification code, code of the beneficiary) _________________________________ (position, signature Representative of Fund) locus sigilli (in the presence)	_________________________________ (Managing director's details, business identification number, phones, postal address, phones, bank identification code, individual identification code, code of the beneficiary) _________________________________ (position, signature of the representative Managing director) locus sigilli (in the presence)

Custodian

                   _______________________________________________

                   _______________________________________________

                   (details of Custodian, postal address, phones,

                   bank identification code, individual

                   identification code, code of the beneficiary)

                   _______________________________________________

                   (position, signature of the representative of Custodian)

                   locus sigilli (in the presence)

 

Appendix

to the Standard custodial agreement, concluded between Fund, the Managing director and Custodian

Rates for custodial servicing

№	Name of transaction	The charged fee	Note
…	…	…	…

 

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