Registration of investment funds
Corporate investment fund is a legal entity registered in the form of a joint stock company, the purpose of which is the activity of joint investment.
A corporate investment fund operates if 60 percent or more of the average annual value of assets owned by it are invested in securities, corporate rights and real estate. At the same time, keep in mind that the size of the initial authorized capital (fund) of a corporate investment fund cannot be less than 1250 minimum wages.
An asset management company (AMC) is a legal entity whose main activity is the management of assets of JIIs (joint investment institutions).
The size of the authorized capital of AMC must be at least UAH 7 million. The share of the state in the authorized capital of AMC cannot exceed 10 percent. An asset management company creates a reserve fund in the amount determined by the constituent documents, but not less than 25% of the authorized capital.
What documents are required
Thus, a corporate investment fund, in order to register a report on the results of a private allocation of shares among the founders of a corporate fund, the regulations of a corporate fund and enter information about a corporate fund into the Unified State Register of Joint Investment Institutions, submits the following documents to the National Securities and Stock Market Commission:
1) the application for registration of a report on the results of a private allocation of shares among the founders of a corporate fund, the regulations of a corporate fund and entering information about a corporate fund into the Register;
2) a copy of the minutes of the constituent meeting of the corporate fund, containing the decision to approve the results of the private allocation of shares among the founders of the corporate fund and the election of the supervisory board, or the decision of the sole founder to establish a corporate fund. If the sole founder is an individual, his or her signature is subject to notarization;
3) a copy of the minutes of the supervisory board of the corporate fund, containing the decision to approve the regulations and the investment declaration, certified by the participant’s signature and notarized;
4) the report on the results of private allocation of shares among the founders of the corporate fund in two counterparts;
5) a copy of the articles of association of the corporate fund;
6) the original of the temporary certificate of registration of the shares issue of the corporate fund;
7) the original payment order indicating the name of the corporate fund, confirming the payment for the regulation registration;
8) the regulation approved by the supervisory board of the corporate fund in two counterparts;
9) the certificate on related persons of the corporate fund;
10) the original of the asset management agreement with the asset management company;
11) the original of the agreement with the custodian, agreed by the asset management company;
12) the extract from a banking institution on the funds deposit by the corporate fund founders to a temporary account;
13) the certificate in any form, certified by the signature of an authorized person of the corporate fund, that the custodian is not related to the asset management company and the founders of the corporate fund.
An asset management company, in order to register the regulations of a share investment fund and enter information about the share fund into the Register, submits the following documents to the National Securities and Stock Market Commission:
1) the application for registration of the regulations of the share fund;
2) the minutes of the authorized body of the asset management company, containing the decision to establish the share fund, approval of the regulations and the investment declaration of the share fund;
3) the regulations approved by the authorized body of the asset management company;
4) the original payment order indicating the name of the share fund, confirming the payment for registration;
5) the certificate in any form, certified by the signature of an authorized person of the asset management company, containing information about:
- head of the executive body of the asset management company (position, surname, name, patronymic);
- telephone and fax numbers of the asset management company;
- numbers and dates of the decision to issue a license to conduct professional activities in the stock market.