ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS OF THE RUSSIAN FEDERATION

of August 8, 2013 No. 13-70/pz-n

About modification of Standard forms of the agreement on rendering services by specialized depositary to the non-state pension fund performing activities as the insurer for mandatory pension insurance, the trust management agreement of means of pension accruals between the non-state pension fund performing activities as the insurer for mandatory pension insurance and managing company and the agreements on rendering by specialized depositary services of the managing company exercising trust management of means of pension accruals of the non-state pension fund performing activities as the insurer for mandatory pension insurance, approved by the order of FFMS of Russia of July 6, 2010 No. 10-44/pz-n

According to Item 6 of Article 26 and article 36.18 of the Federal Law of 07.05.1998 No. 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, No. 19, Art. 2071; 2001, No. 7, Art. 623; 2002, No. 12, Art. 1093; 2003, No. 2, Art. 166; 2004, No. 49, Art. 4854; 2005, No. 19, Art. 1755; 2006, No. 43, Art. 4412; 2007, No. 50, Art. 6247; 2008, No. 18, Art. 1942, No. 30, Art. 3616; 2009, No. 29, Art. 3619, No. 48, Art. 5731, No. 2, Art. 6450, No. 52, Art. 6454; 2010, No. 17, Art. 1988, No. 31, Art. 4196; 2011, No. 29, Art. 4291, No. 48, Art. 6728, No. 49, Art. 7036, 7037, 7040, 7061; 2012, No. 31, Art. 4322, No. 47, Art. 6391, No. 50, Art. 6965, Art. 6966; 2013, No. 19, Art. 2326; No. 26, the Art. 3207), Item 3 of the order of the Government of the Russian Federation of 04.11.2003 No. 669 "About the authorized federal executive body performing state regulation of activities of non-state pension funds for non-state pension provision, mandatory pension insurance and professional pension insurance, supervision and control of the specified activities" (The Russian Federation Code, 2003, No. 45, Art. 4388; 2006, No. 2, Art. 226; 2007, No. 12, Art. 1414; 2010, No. 4, Art. 407, No. 42, Art. 5386; 2011, No. 36, Art. 5148; 2012, No. 19, Art. 2406; 2013, No. 13, Art. 1559; No. 22, the Art. 2827) and the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 29.08.2011 No. 717 (The Russian Federation Code, 2011, No. 36, Art. 5148; 2012, No. 20, Art. 2562; 2013, to No. 20, of the Art. 2488), I order:

bring in Standard forms of the agreement on rendering services by specialized depositary to the non-state pension fund performing activities as the insurer for mandatory pension insurance, the trust management agreement of means of pension accruals between the non-state pension fund performing activities as the insurer for mandatory pension insurance and managing company and the agreements on rendering by specialized depositary services of the managing company exercising trust management of means of pension accruals of the non-state pension fund performing activities as the insurer for mandatory pension insurance, approved by the order of the Federal Service for Financial Markets of 06.07.2010 No. 10-44/pz-n (it is registered in the Ministry of Justice of the Russian Federation 12.08. 2010, registration No. 18139) with the changes made by the order of the Federal Service for Financial Markets of 24.04.2012 No. 12-27/pz-n (it is registered in the Ministry of Justice of the Russian Federation 01.06. 2012, registration No. 24428), following changes:

1. In the Standard form of the agreement on rendering services by specialized depositary to the non-state pension fund performing activities as the insurer for mandatory pension insurance:

a) in Item 20 of the word" (including the VAT)" to exclude;

b) in Item 29 of the word" (including the VAT)" to exclude.

2. In the Standard form of the trust management agreement of means of pension accruals between the non-state pension fund performing activities as the insurer for mandatory pension insurance and managing company:

a) the paragraph one of Item 3 to state in the following edition:

"3. Exercising trust management ____________ (words by "means of pension accruals", or "means of pension accruals of insured persons which establishes due retirement benefit", or "means of payable reserve" are specified) and property in which the specified means are invested (further - property), being at managing company under this agreement, the managing company makes any legal and actual acts concerning this property, including disposes of securities, in accordance with the legislation of the Russian Federation and this agreement for the benefit of the beneficiary.";

b) add Item 30 with the paragraph the sixth the following content:

"create, adjust and bring to managing company plans of transfer of means of pension accruals according to Item 7 of article 13 of the Federal Law of 30.11.2011 No. 360-FZ "About procedure for financing of payments at the expense of means of pension accruals" (The Russian Federation Code, 2011, No. 49, Art. 7038; 2012, No. 50, Art. 6965).";

to consider the paragraph of the sixth of Item 30 the paragraph the seventh;

c) in Item 36 of the word" (including the VAT)" to exclude;

d) in Item 47 line in the table

--------------------------------+--------------------+--------------------+
¦  4. Облигации российских      ¦                    ¦                    ¦
¦хозяйственных обществ          ¦                    ¦                    ¦
+-------------------------------+--------------------+---------------------

replace in the line:

--------------------------------+--------------------+--------------------+
¦  4. Облигации российских      ¦                    ¦                    ¦
¦эмитентов                      ¦                    ¦                    ¦
+-------------------------------+--------------------+---------------------

3. Item 2 of the Standard form of the agreement on rendering by specialized depositary services of the managing company exercising trust management of means of pension accruals of the non-state pension fund performing activities as the insurer for mandatory pension insurance to state in the following edition:

"2. The specialized depositary shall render to managing company when implementing of trust management by it _________________ (words by "means of pension accruals", or "means of pension accruals of insured persons which establishes due retirement benefit", or "means of payable reserve" are specified) under the contract with fund with which the specialized depositary also signs the service provision agreement of specialized depositary (further - fund), services in storage of certificates of documentary securities, accounting and transition of the rights to securities in which the specified means are invested if for separate types of securities regulatory legal acts of the Russian Federation do not provide other, and managing company shall accept and pay these services according to this agreement.".

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