Law (2011:1268) On Investeringssparkonto

Original Language Title: Lag (2011:1268) om investeringssparkonto

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1268

Content



section 1 of this Act contains provisions on the

investeringssparkonto.



In the income tax Act (1999:1229) provides for

the taxation of holding a investeringssparkonto.



Definitions, etc.



section 2 of the terms and expressions used in this law have the same

meaning and scope of the income tax act

(1999:1229), unless otherwise stated or shown in

context.



The terms and expressions used also include corresponding

Foreign phenomena if not specified or shown by

the context that only Swedish phenomena mentioned. The term

trading platform does not include phenomena outside the European

economic area.



section 3 With investeringssparkonto means an account that meets the

the terms of this law.



4 section with the account holder "means the holder of a

investeringssparkonto.



paragraph 5 of the investment firms referred to



1. a Swedish investment company authorised under 2

Cape. 2 paragraph 1 Act (2007:528)

the securities market,



2. a Swedish credit institutions authorised to conduct

banking or finance operating under the Act (2004:297) om

banking and finance law,



3. a foreign investment firm which belongs in a State

in the European economic area (EEA) and

authorised to provide ancillary services as referred to in

Annex I, section B, paragraph 1 of the European Parliament and of the

Council Directive 2004/39/EC of 21 april 2004 on markets in

for financial instruments and amending Council

Directive 85/611/EEC and 93/6/EEC and European Parliament and

Council Directive 2000/12/EC and repealing Council directive

93/22/EEC, as last amended by European Parliament and Council

Directive 2010/78/EC, or



4. a foreign credit institution which belongs in a State of

EEA and which received authorisation to start and run

the business of credit institutions referred to in article 8 of

European Parliament and Council Directive EU of 26

June 2013 if access to the activity of credit institutions

and the prudential supervision of credit institutions and investment firms, if

Amendment of Directive 2002/87/EC and repealing Directive

2006/48/EC and 2006/49/EC. Law (2014:990).



section 6-investment assets referred to



1. financial instruments that are admitted to trading on a

regulated market or an equivalent market outside the

The European economic area,



2. financial instruments traded on a trading platform,

or



3. shares in a unit trust or by a special fund.

Team (2013:586).



section 7 of the financial instruments issued by a company is

not investment assets if the holder of the instruments,

directly or indirectly, owns or similar process holds

shares in the company equal to at least 10% of the votes

for all of the shares or of the capital in the company.



In determining the proportion of the voting rights or capital

in the company as the holder of the financial instrument

holder shall also be considered to have, own shares in the company that

holder's related, directly or indirectly, owns or

similar way holds.



Qualified participations are not capital assets.



section 8 With account foreign assets "means financial instruments

non-investment assets.



Investeringssparkonto agreement



§ 9 A investeringssparkonto agreement to be concluded between a

investment company and a natural person or an estate.

The agreement may not contain conditions that are incompatible with the

the provisions of this law.



A investeringssparkonto may only be held by a single physical

person or a single estate. A investeringssparkonto may

only be carried by a single investment companies.



A investeringssparkonto shall not be transferable.



Deposit and withdrawal of cash



10 § cash must be deposited into and removed from a

investeringssparkonto.



Transfer of financial instruments into or out of a

investeringssparkonto



section 11 in assessing whether financial instruments may be transferred

to or from a investeringssparkonto, it is the

classification of financial instruments according to 6-8 sections when

the transfer starts that determines which rules on transfer

According to this law.



Transfer of financial instruments into a

investeringssparkonto



section 12 of an account holder may only transfer

investment assets as the account holder himself owns to

a private investeringssparkonto. An account holder may not

transfer account foreign assets to a private

investeringssparkonto.



section 13 Investment assets must be transferred to a

investeringssparkonto from anyone other than the account holder

only if the assets are transferred to the account in connection with

account holder's acquisition of the assets and the acquisition

has occurred



1. a regulated market or an equivalent market

outside the European economic area or a

trading platform,



2. in that new shares issued for the acquisition

relates to shares in a unit trust or by a special fund,



3. from the who has issued the assets if the acquisition

based on assets at the acquisition were stored at

the account,



4. from the investment company at the acquisition brought

investment savings account,



5. from the acquiring company if the assets relating to compensation

to the shareholders in the event of a merger or Division of public limited companies

and if assets were acquired on the basis of the shares as at

the acquisition was kept on the account,



6. from buying company if the acquisition was part of a

procedure on cooperative bytes and if assets were acquired on

because of the shares at the time were kept on the account,



7. from a different account holders of assets at the

the acquisition was kept on his investeringssparkonto, or



8. dividends on assets in the acquisition was kept

the investment savings account.



Investment assets acquired as a result of

account foreign assets referred to in section 7 or

account foreign assets that are stored in a

investeringssparkonto by virtue of section 18 shall not be transferred

to the account. Team (2013:586).



14 § Account foreign assets may be transferred to a

investeringssparkonto from anyone other than the account holder

only if the assets are transferred to the account in connection with

account holder's acquisition of the assets and the acquisition has

taken place



1. from the who has issued the assets if the assets

not later than the 30th day after the date on which they were issued

intended to be admitted to trading on a regulated market or a

the corresponding market outside the European economic

area or a trading platform,



2. from the who has issued the assets if the acquisition concerned

subscription rights, bonus share rights, sales rights or other similar

financial instruments and if the acquisition was based on

assets in the acquisition was kept on the account,



3. from the acquiring company if the assets relating to compensation

to the shareholders in the event of a merger or Division of public limited companies and

If the assets were acquired on the basis of the shares as at

the acquisition was kept on the account,



4. from buying company if the acquisition was part of a

procedure on cooperative bytes and if assets were acquired on

because of the shares at the time were kept on the account, or



5. dividends on assets in the acquisition was kept

the investment savings account.



Account foreign assets referred to in section 7 may not be transferred

to investment savings account with the purposes of the first subparagraph

1. Neither account foreign assets which have been acquired on

because of account foreign assets referred to in section 7 or on the

because of account foreign assets that are stored in a

investeringssparkonto under section 18 may be transferred to

account.



15 § acquisition of financial instruments to be transferred to

a investeringssparkonto under section 13 or 14 shall be paid by

assets held in the account.



Storage of assets



16 § On a investeringssparkonto may only

investment assets and cash kept if not

otherwise specified in §§ 17-19. Account foreign assets

referred to in section 7 may only be stored in a investeringssparkonto

subject to the conditions as stated in section 19.



17 § Account foreign assets as investment assets

When they were transferred to a investeringssparkonto or who have

transferred to the account pursuant to section 14 the first subparagraph 2 – 5 may

keep in investment savings account to the sixtieth

the day after the end of the quarter in which the assets were

account alien and became listed on the account.

The assets shall be removed from the account by that date.



If the assets to be investment assets,

they may be kept at investment savings account in accordance with section 16.



18 § Account foreign assets which have been transferred to a

investeringssparkonto with the support of 14 of the first paragraph,

keep in investment savings account to the sixtieth

the day after the day on which they were issued. The assets shall

be removed from the account by that date.



If the assets to be investment assets

within the specified time limit, they may be stored at

investment savings account in accordance with section 16.



19 § Account foreign assets referred to in paragraph 7 and which do not

where such assets when they were transferred to a

investeringssparkonto or transferred to your account with

under section 14 the first subparagraph 2 – 5 may be kept on

investment savings account until the 30th day following

the date on which the assets initially were classified as such


assets or were listed on the account. The assets shall,

even if the deadline passes to be classified

like other assets, be removed from the account by that date.



Transfer of financial instruments from a

investeringssparkonto



section 20 of an account holder may only transfer the financial

instruments from one investeringssparkonto to another private

account in the circumstances shown in paragraph 21.



An account owner may only transfer the financial instruments

from a investeringssparkonto to someone else in the

prerequisites as stated in § 22, 24 or 25.



section 21 of an account owner may transfer



1. investment assets as the account holder himself owns to

another private investeringssparkonto, or



2. account foreign assets to another account which

is not a investeringssparkonto.



§ 22 financial instruments may not be transferred to anyone other than

the account holder if the account holder has transferred

assets by sale, Exchange or similar

transfer of assets



1. a regulated market or an equivalent market

outside the European economic area or a

trading platform,



2. in such a way that the Fund units redeemed by the Fund, if

the transfer relates to shares in a unit trust or by a

Special Fund,



3. to the person who has issued the assets,



4. investment company divested brought

investment savings account,



5. to the offeror of the transfer was part of a

public tender offer,



6. to buying companies if the transfer was part of a

procedure on cooperative bytes,



7. the majority shareholder in a corporation if the transfer was

part of the procedure for the redemption of minority shares in

the same company, or



8. to another account holder if assets are transferred

to the acquirer's investeringssparkonto.



Account foreign assets may not be transferred from one

investeringssparkonto with the application of the first subparagraph, 8.

Team (2013:586).



section 23 of the financial instruments held in a

investeringssparkonto transferred in such a manner referred to

the first paragraph of section 22 1-7, should compensation be in the form of

cash funds transferred directly to investment savings account.



If financial instruments held in a

investeringssparkonto transferred in such a manner referred to

in paragraph 22, the compensation granted in the form of

investment assets be transferred directly to

investment savings account. Compensation in the form of account alien

assets may be transferred to the investment savings account only if

assets have been acquired in a manner referred to in section 14.



Compensation in the event of a transfer of account foreign assets

referred to in paragraph 7 and which is stored on a investeringssparkonto

or by account foreign assets that are stored in a

investeringssparkonto by virtue of section 18 shall not be transferred to the

account.



24 § Investment assets that have been transferred by inheritance,

Wills, gift, Division of property, or in a similar way,

be transferred to another investeringssparkonto.



25 § Account foreign assets that have been transferred by inheritance,

Wills, gift, Division of property, or in a similar way,

transferred to an account that is not a

investeringssparkonto.



Interest, dividends and other returns



section 26 of the interest, dividends and other returns than compensation in

transfer of assets kept in a

investeringssparkonto to be transferred directly to the

investment savings account.



Interest, dividends and other returns than compensation in

transfer to account foreign assets that are stored in a

investeringssparkonto may not be transferred to

investment savings account if the account foreign assets



1. are those referred to in article 7, or



2. store in investment savings account pursuant to section 18.



A investeringssparkonto ends



27 § an account ceases as investeringssparkonto when it

ends. A investeringssparkonto may not be completed if the

keep investment funds on the account or if such

assets have been acquired to be stored on your account but yet

not have been listed on the account.



section 28 an account ceases as investeringssparkonto when

the account holder or the investment company do not comply with the

the provisions of this law.



An account expires, however, not as investeringssparkonto only

for this reason, to account foreign assets are transferred

to or stored on the investment savings account or to

the investment company does not give information in accordance with section 31.

Law (2015:30).



section 29 Of the company as a investeringssparkonto not

longer be considered an investment firm due to

authorisation referred to in paragraph 5 has been revoked, expires the account

investeringssparkonto. If the operation according to the order for

revocation shall end or be discontinued at a later

time expires the account investeringssparkonto at the

later point in time.



Information



section 30 Before an investment company conclude an agreement

investeringssparkonto with a natural person or an estate

should the investment firm to provide information on



1. fees for investment savings account,



2. how the assets are taxed at a investeringssparkonto and

how the tax is levied,



3. What is meant by foreign investment funds and account

assets,



4. how long account foreign assets may be stored on a

investeringssparkonto, and



5. What are the conditions under which account foreign assets may

removed from a investeringssparkonto.



The information shall be provided in the Act or in any other

legible and permanent form which is available to the recipient.



An account can be a investeringssparkonto even if

the investment firm does not provide information referred to in the first

and second subparagraphs.



31 § Investment Company is required to inform

the account holder for that account foreign assets stored on

investment savings account or that your account has been terminated as

investeringssparkonto. The information shall be submitted within five days

from the time that the company has received such attention.



When account foreign assets kept in a

investeringssparkonto, the investment company also

inform about when assets must be removed from your account

According to paragraphs 17 to 19.



For the purposes of the first subparagraph to investment company

be deemed to have known of that account foreign assets

keep in investment savings account after twenty-five days have passed

from the end of the quarter when the account foreign assets

first were kept at investment savings account as

account foreign assets. However, this does not apply to

account foreign assets referred to in section 7 or stored

the investment savings account pursuant to section 18.



section 32 for information under section 30 or 31 is not left to

the Marketing Act (2008:486) applied, with the exception of

the provisions of sections 29 to 36 on market interference charge. Such

information shall be deemed to be substantial under section 10 third

subparagraph Marketing Act.



Transitional provisions



2015:30



1. this law shall enter into force on 1 March.



2. the provisions of section 28 of the new wording is applied first

time in relation to account foreign assets listed on

investment savings account after February 28, 2015.



3. the provisions of section 28 of the new wording also applies in

question about account foreign assets that have been listed on

investment savings account before the entry into force of

the account holder requests it.