RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 57

About modification and amendments in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of February 27, 2009 No. 36 "About approval of standard agreements about provision of pensions at the expense of compulsory, voluntary and voluntary professional pension contributions"

According to the Law of the Republic of Kazakhstan on June 20, 1997 "About provision of pensions in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of February 27, 2009 No. 36 "About approval of standard agreements about provision of pensions at the expense of compulsory, voluntary and voluntary professional pension contributions" (registered in the Register of state registration of regulatory legal acts at No. 5603, published on May 15, 2009 in the Yuridicheskaya Gazeta newspaper No. 72 (1669) the following changes and amendments:

in appendix 1:

in the Standard agreement about provision of pensions at the expense of compulsory pension contributions:

state Items 2 and 3 in the following edition:

"2. The fund shall:

1) to accept compulsory pension contributions;

2) to open to the Investor (Receiver) the individual retirement account No. ________________;

3) to create and store pension accruals of the Investor (Receiver) only in authorized bank custodian;

4) to perform individual accounting of pension accruals of the Investor (Receiver) and the payments made to it;

5) to charge investment revenue on pension accruals of the Investor (Receiver);

6) to sign the contract for investment management of pension assets with the organization exercising investment control of pension assets in case of absence at Fund of license for activities for investment management of pension assets;

7) to recover difference between indicator of nominal profitability of Fund for the pension assets calculated for the end of calendar year and the minimum value of profitability at the expense of equity of Fund according to the procedure, stipulated in Item 4 articles 31 of the Law of the Republic of Kazakhstan of June 20, 1997 "About provision of pensions in the Republic of Kazakhstan" (further - the Law) and the Instruction about normative values of prudential standard rates, technique of their calculations for the organizations exercising investment control of pension assets, the Republic of Kazakhstan approved by the resolution of Board of the Agency on regulation and supervision of the financial market and the financial organizations of August 5, 2009 No. 181 (registered in the Register of state registration of regulatory legal acts at No. 5793);

8) to provide to the Investor (Receiver) information on condition of its pension accruals at least once a year, and also on its request for any required date without collection of payment and to provide electronic and different ways of information access about its pension accruals under the agreement with the Investor (Receiver) taking into account requirements, the stipulated in Article 50 Laws;

9) in case of the conclusion of this Agreement, and also on demand to provide to the Investor (Receiver) of the data on the name and the actual location of the organization exercising investment control of pension assets and the bank custodian performing storage and accounting of pension assets of Fund and also about their shareholders and shareholders of Fund in amount, stipulated in Item the 5th this Agreement;

10) in case of the conclusion of this Agreement to inform the Investor (Receiver) of pension rules of Fund;

11) at the request of the Investor (Receiver) to render him non-paid consulting services in questions of functioning of funded pension system and activities for investment management of pension assets;

To provide 12) at the request of the Investor (Receiver) information on all changes infringing on interests of the Investor (Receiver) including on measure value of nominal profitability of Fund for the expired year, about change of the organization exercising investment control of pension assets and bank custodian, and also information on all changes and amendments in pension rules of Fund;

To provide 13) according to the statement of the Investor (Receiver) information on structure of investment portfolio of Fund at the expense of pension assets with indication of type of investment portfolio, the name of issuers, type of financial instruments, quantity and current value of financial instruments, percentage ratio of the amount of investments into these financial instruments to the total amount of pension assets of Fund, and also the additional information specified in the statement of the Investor (Receiver), according to the procedure and the terms determined by pension rules of Fund;

To publish 14) in mass media of the data on structure of investment portfolio of Fund at the expense of pension assets according to the procedure and the terms established by subitem 3-1) of Item 2 of article 41 of the Law;

15) to inform the Investor (Receiver) on the forthcoming reorganization by the publication of the announcement at least in two periodic printing editions in the state and Russian languages, within fifteen calendar days from the date of receipt of permission of authorized body to reorganization;

16) to provide confidentiality of information on condition of pension accruals of the Investor (Receiver);

17) to transfer all amount of pension accruals of the Investor (Receiver), including the amount of investment revenue added for the last date, in other accumulation pension fund according to the procedure and terms, stipulated in Item 2 articles 27-1 of the Law and the Translation rules of pension accruals from the accumulation pension funds approved by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of December 29, 2008 No. 240 (registered in the Register of state registration of regulatory legal acts at No. 5517) (further - Rules No. 240);

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