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Amendments To The Cabinet Of Ministers Of 27 May 2003, Regulations No. 272 "provisions Of The State Funded Pension Scheme"

Original Language Title: Grozījumi Ministru kabineta 2003.gada 27.maija noteikumos Nr.272 "Noteikumi par valsts fondēto pensiju shēmas darbību"

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Cabinet of Ministers Regulations No. 1064 in Riga 2009 (September 15. No 57 54) amendments to the Cabinet of Ministers of 27 May 2003, regulations No. 272 "provisions of the State funded pension scheme" Issued under the State funded pension law article 3, third paragraph, the second paragraph of article 5, article 10, first paragraph, point 5, second subparagraph, and article 11, third and sixth and article 13 of the sixth and seventh paragraph to make Cabinet 27 May 2003, the provisions of the "rules on no 272 State funded pension scheme" (Latvian journal , 2003, no. 82; 2004, nr. 81; 2007, 45 no; in 2008, 57 no) the following amendments: 1. Complement 8.1 point after the words "the Republic of Latvia registered bank" with the words "or the European Union or the European economic area (hereinafter referred to as Member States) registered bank branches in Latvia".
2. Make paragraph 9 by the following: "9. the Agency, representing the members of the scheme, the written agreements with the managers of the funds that the Commission has registered occupational pension schemes, the management of the administration of the scheme at the equestrian dzekļ Lee (hereinafter referred to as the Treaty) under the terms set out in the annex to this look of gam."
3. Put the following in paragraph 14: "14." section in the prospectus of the plan deals with the investment plan and investment plan administration cost and reimbursement summary "provides information about the Media Manager, custodian and third parties of the investment funds of the plan, the maximum amount of compensation payable and deducted, as well as of the other expenses that are covered from investing you plan features, and includes" this information aims to provide current and potential State funded pension scheme members a general insight into the total cost they have to bear with this investment plan ". This information shall be provided in the following order: 14.1. maximum payments for investment plan administration (as a percentage of the investment plan assets average value), including this provision and the bottom paragraph 14.3 14.2 shows the remuneration and payments;
14.2. the remuneration for management, custodian and third parties, for which the remuneration is paid from the funds of the investment plan;
14.3. other payments (excluding the provisions referred to in paragraph 14.2.) of the investment funds of the plan, indicating what kind of payment they are. "
4. Express section 26.1.3. by the following: "where the Commission 26.1.3. occupational pension schemes registry management have been revoked by the records management, execute orders on this feature of the Agency over the management of the possessor of the mass transfer of funds shot another in the administration of funds for healthcare;".
5. Make the following introductory paragraph 27:27. For contracts with managers of funds registered in occupational pension schemes, the management of the Agency, the Commission and the management shall comply with the following procedure: ".
6. Replace 27.1 27.2 27.3.,., and 27.4. the bottom point, the words "investment management company" (the fold) with the words "management" (fold).
7. Make the following paragraph 27.5: "17.1. If this rule 27.3. the order referred to in the Agency and funds Manager 20 working days between the draft Treaty is not brought, they have the right to ask the Commission, in accordance with its competence to give an opinion on this provision and the bottom point 27.1.27.2. documents referred to;".
8. Replace the words "in subparagraph 27.6.2. investment management company" with the word "management".
9. Make the following introductory paragraph 28: "28. In relation to the contract amendment with the managers of funds registered in occupational pension schemes, the management of the Agency, the Commission and the management shall comply with the following procedure:".
10. Replace the words "in paragraph 17.6. investment management company" with the word "management".
11. Make the following paragraph 28.4.: "If this rule 28.2 28.4.. the order referred to in the Agency and funds Manager 20 working days of the draft amendments to the agreement between them is not brought, have the right to ask the Commission, in accordance with its competence to give an opinion on this rule 28.1. the documents referred to in (a);".
12. Replace the words "in subparagraph 28.5.2. investment management company" with the word "management".
13. Express 31 the following: "31. In relation to the contract early termination with the managers of funds registered in occupational pension schemes, the management Commission and funds Manager follow that rule 35, 36 and 37 points in that procedure."
14. To complement the 33.1 point after the words "a decision on the" management "or" the investment plan.
15. Express 35 and 36 the following: "35. If the Commission's occupational pension schemes registry management revoke the entry about the Media Manager, follow this procedure: 21.8. from the date on which the Commission has withdrawn the funded pension scheme records management of the register, and the date of the Agency under this provision in paragraph 41 expiry has transferred funds to other fund managers, the management of the scheme in the custodian shall in accordance with the relevant provisions of the investment plan;
35.2. the Agency shall, not later than 10 working days after the receipt of the information on the recording of occupational invalidity pension schemes management schema register of members that occupational pension funds managed by the funds Manager, distributed between the managers of the funds under this provision the requirements referred to in point 7.1 and sends these scheme members notice of the exclusion of management of occupational pension schemes registry management. The notification shall specify the rights of the participants of the scheme within the time limit referred to in the notice to choose other managers as well as, if the members of the scheme within the time limit referred to in the notice will not submit to the Agency an application for a change of management, a member of an occupational pension scheme in the capital including the investment plan, the Agency has determined pursuant to this provision the requirements referred to in point 7.1.

36. If the funds Manager even wants to withdraw from the management of the scheme shall comply with the following procedure: 36.1. funds manager not later than three months before the date of interruption of the Administration want to make an appropriate application to the Agency and the Commission;
36.2. the Agency shall, not later than 10 working days after this rule 36.1. receipt of the application referred to the scheme members that occupational pension funds managed by the funds Manager, distributed between the managers of the funds under this provision the requirements referred to in point 7.1 and sends these notifications to participants of the scheme for the Manager's refusal to continue funded pension capital management. The notification shall specify the rights of the participants of the scheme within the time limit referred to in the notice to choose other managers as well as, if the members of the scheme within the time limit referred to in the notice will not submit to the Agency an application for change of the investment plan, the participants of the scheme funded pension capital will be allocated to the investment plan, the Agency has determined pursuant to this provision the requirements referred to in point 7.1;
36.3. If the Commission, after this rule 36.1. receipt of the application referred to in deciding to cancel the occupational pension scheme management register entry concerning the management, the Commission shall not later than the working day shall notify to the Agency the decision taken;
36.4. If the Commission records for the management of occupational pension schemes registry management cancelled before this rule 41 of the period referred to in paragraph 1, the scheme of management duties from the date of this entry is withdrawn until this provision referred to in paragraph 41 shall take custody of the period in accordance with the relevant provisions of the plan of investment. "
16. Make 37.2. and 37.3. subparagraph by the following: "37.2. funds Manager no later than five working days after the reorganization of the registration in the register of companies (commercial register) or another registry, which is responsible for the registration of the said changes shall be communicated to the Commission and the Agency shall submit to the Agency for the reorganisation and the supporting documents;
37.3. the Agency shall, not later than 10 working days after this rule 37.2. in the receipt of the notification referred to in paragraph shall be sent to the members of the scheme, which the occupational pension funds managed by the reorganized, the funds Manager statement on the reorganisation of the management. The notification shall specify the rights of the members within the time limit referred to in the notice to choose other managers as well as, if the members of the scheme within the time limit referred to in the notice will not submit to the Agency an application for a change of management, a member of an occupational pension scheme in the capital will continue to manage the restructured funds Manager. "
17. Make the paragraph 39 by the following: "39. If the funds Manager investment plan combined with other means of holding the same managed investment plans (plans), combining all the investment plan assets and obligations, or add another manager of the same funds managed investment scheme, adding any investment plan (the plan) the assets and liabilities of the acquiring investment plan: 24.3. the funds manager not later than four months before the merger of the investment plan or the beginning of accession shall submit to the Agency in : 39.1.1. reasoned submission. It specifies the investment plans, which are designed to combine, or investment plan, which is supposed to add another investment plan and investment plan, you can specify a combination or add grounds and how these changes will affect the interests of the members of the scheme, as well as other relevant information;
39.1.2. If investment plans combine – new investment plans prospectus (three copies);
39.1.3. If the investment plan adds another investment plan for acquiring investment plan amendment to the prospectus (three copies);
39.1.4. Management and custodian of the trustee investment plan of merger signed or add the calendar and a description of the plan, the merger of the assets or the add order and order relation, as well as part of the value of the order, which will combine or add relevant investment plans;
39.1.5. According to this provision, paragraph 28 procedure prepare amendments in a contract concluded by the Agency;
39.1.6. amendments to the contract if the custody is necessary;
24.4. to protect the interests of existing members and ensure that the Union or will not be added to this investment plan participants, the Agency has the right to: request to combine 39.2.1. investment plan or investment plan and investment plan that is supposed to add another investment plan, interim financial statements, prepared according to the State funded pension scheme regulations, regulating, and sworn auditor's opinion;
39.2.2. identify other investment plan or join a pooling order if, after all the documentation submitted, the agency finds that a specified investment management plan or add a merger may be inconsistent with this investment plan members ' interests;
39.3. the Agency shall, not later than 15 working days from the date of receipt of the application, the provisions referred to in paragraph 39.1. documents and, if you do not oppose the proposed merger of the investment plan or add, send these documents to the Commission, with the exception of those rules specified in 39.2. If the Agency requires 39.2.1. these provisions referred to in the interim financial statements and the auditor's opinion or under these rules for the other point 39.2.2. investment plan or join a merger of assets, the Agency shall, not later than 15 working days from the interim financial statement and the auditor's opinion the jury days or according to the instructions of the Agency specified the date of receipt of documents: 39.3.1. sends this rule 39.1. the documents listed below as well as the interim financial statements and the auditor's opinion or sworn according to the instructions specified by the Agency to the Commission document for reconciliation – if the Agency did not oppose the proposed merger of or accession;

39.3.2. accept the reasoned decision on prohibition of funds Manager for the planned merger of the investment plan, or-if the Agency oppose the proposed merger of the investment plan or add;
24.5. the competence of the Commission, within 15 working days of the received documents and look forward to the Agency and the management agreement or justify refusal of reconciliation, if not follow the State funded pension scheme regulations of the regulatory requirements. Reconciliation, sent by the Agency, the Commission adds investment plan prospectus for registration with the Commission on the investment plan or amendments to the prospectus with the Commission about the registration of the mark;
24.5. the Agency shall, not later than 10 working days after this rule 39.4. the Commission referred to the receipt of reconciliation: 39.5.1. sends to members of the scheme, which the investment plans designed around one, or members of the scheme, which the investment plan designed to add another investment plan, the announcement of the planned merger of or. The notification shall specify the rights of members of the scheme to change investment plans or management, as well as, if the members of the scheme within the time limit referred to in the notice will not submit to the Agency an application for investment or management changes, a member of the occupational pension scheme in the capital will be managed under a joint investment plan, or so the terms of the investment plan, which added another investment plan;
39.5.2. notify the Commission and date management, which allowed to start investment plan or adding to the merger;
24.6. the funds Manager at 39.5.2. these provisions referred to in the working days of receipt of the notification to the public during its homepage on the internet and a custodian home page on the internet, as well as online notification of planned mergers or appending. The notification shall specify the rights of members of the scheme within the time limit referred to in the notice to change investment plans or management, as well as, if the members of the scheme within the time limit referred to in the notice will not submit to the Agency an application for investment or management changes, a member of the occupational pension scheme in the capital will be managed under a joint investment plan provisions or the provisions of the investment plan, which added another investment plan;
24.7. funds Manager within five working days after the merger of the investment plan or the date of accession, submit to the Agency and Commission management and custodian of the authorised persons signed the notice of completion of the merger, or accession. "
18. Express 24.3 6. and 39.1 7. subparagraph by the following: "39.1 6. the Agency shall, not later than five working days following that rule 39.1 5. receipt referred to get NASA sent to the members of the scheme, which the investment plan to the new management, communication on the investment plan the transfer of funds to another Manager. The notification shall specify the rights of members of the scheme to change investment plans or management, as well as, if the members of the scheme within the time limit referred to in the notice will not submit to the Agency an application for investment or management changes, a member of the occupational pension scheme in the capital will continue to manage the funds Manager, who manages the investment plan;
24.3 7. the Agency shall have the right to request the investment plan interim financial reports prepared according to the State funded pension scheme regulations, regulating, and sworn auditor's opinion. "
19. Replace the figures "paragraph 40, 37.3 36.3., 24.4." with numbers ", 39.5.1, 37.3 36.2..."
20. Replace paragraph 41, the number "with". "the 36.3 36.2.".
21. Put 43 as follows: "The scheme members 43. occupational pension funds which the management or investment changes have not made the agency within two months of the rule referred to in paragraph 39.5.1. date of dispatch of the notice, continue to manage the funds Manager, who manages the joint plan in accordance with the new investment plan prospectus or who manages the investment plan, which was added to the other investment plans."
22. Replace paragraph 44 and 45 in numbers ", 37.3 36.3., 24.4." with numbers ", 39.5.1, 37.3 36.2..."
23. the supplement to chapter IV 45.1 points as follows: 45.1 "expenses incurred: 1.45 to the Agency, preparing and sending this rule 36.2 37.3., 39.5.1., or 39.1 6. the notifications referred to in paragraph, from its own resources shall be borne by the relevant funds Manager who refused from schema management or created as a result of the reorganisation, or combining his investment plans, or add your own investment plan for its other investment plan or other products took over the management of the investment plan;
45.1. in drawing up these rules 2 39.2.1. and 39.1 7. investment plan referred to in the interim financial statements and the auditor's opinion, the jury from its own resources shall be borne by the relevant funds Manager, who added the investment plan for its other investment plan or combination of plans to invest or take over management of funds transferred to other investment plan. "
24. Replace the words "in subparagraph 64.2. five working days" with the words "no later than five working days after the request of the members of the scheme since the receipt, but not earlier than five working days".
25. Add to 64.3. section behind the words "that information" to boil "member of the scheme if diem submitted the application to receive the account statement".
26. Replace subparagraph 1.1 of the annex, the words "as a caring landlord" with Cook as careful and thorough "Unfortunately master and only the investment plan in the interest of the participants."
27. Replace annex 2.2 and below in paragraph 2.4.2. "four" with the word "three".
28. Make the paragraph 2.4.3. Annex by the following: "2.4.3. If the financial and capital market Commission (hereinafter the Commission) excludes management of occupational pension schemes registry management."

29. Replace annex 8.5 in the words "If the Commission is withdrawn or suspended by the management of the authorization granted by the bank to the holder (license) for the starpniekdarbīb securities market or credit transaction, or prohibit financial services" with the words "If the selected management custodian license is cancelled or the credit institution is prohibited from providing investment services and investment requirement".
Prime Minister v. dombrovsky Finance Minister e. Repše Editorial Note: the entry into force of the provisions by 30 September 2009.