The Regulation on the Termination of Non-State Pension Funds, approved by the Resolution of the National Securities and Stock Market Commission dated 09.08.2023 No. 875, registered with the Ministry of Justice of Ukraine on 16.10. 2023 No. 1802/40858 (hereinafter – the Regulation) defines the peculiarities of the procedure for terminating a non-state pension fund as a legal entity by liquidation or reorganization, namely, merger with another pension fund or merger with another pension fund(s), the sequence of actions and organizational measures to be taken to prepare and conduct the termination of the pension fund.
Paragraph 7 of Section IV of the Regulation specifies that since state registration authority enters information to the Register of Certified Persons regarding the start of the procedure for terminating the pension fund via accession, and after receiving the certificate from the Register of Certified Persons, the Termination Commission, shall:
- 1) submit to the NSSMC a notification of the commencement of the procedure for terminating the pension fund by joining within 3 working days, along with the following documents:
- a description (list) of documents indicating the number of pages of each of the submitted documents;
- a copy of the Resolution of the Authorized Body of the pension fund being terminated via accession, adopted in accordance with paragraph 4 of the Section IV of the Regulation (it is not submitted in case the Resolution of the NSSMC is adopted);
- a copy of the notification of the successor pension fund about its Resolution to consent to the merger;
- questionnaires of individuals who are members of the termination commission (Appendix 1);
- a certificatefrom the Register of Certified Persons about the start of the procedure for terminating the pension fund by joining or information about the access code to the results of providing administrative services in the field of state registration, which provides access to the specified extract in electronic form in the Register of Certified Persons.
Within 3 business days from the date of receipt of the notification of the strat of the procedure for termination of the pension fund via accession, the NSSMC shall publish such notification on its official website.
Notification of OPEN NON-GOVERNMENTAL PENSION FUND «UKRAINIAN PENSION UNION» on the strat of the procedure for termination via accession: https://svr.nssmc.gov.ua/api/documents/getFile/open/de845d89-5958-483d-b158-21e5227b87ea/Povidomlennja-opis.pdf
Notification of the NON-BUSINESS COMPANY OPEN NON-GOVERNMENTAL PENSION FUND «UKRAINIAN PENSION CONTRACT» on the start of the termination procedure via accession: https://svr.nssmc.gov.ua/api/documents/getFile/open/ff79458f-0c8b-44b0-88b0-9695e110629a/Povidomlennja-opis.pdf