Section L.Information on the securities traders servicing
the Fund’s assets.
PROSPECTUS
Investment Certificates Issue
of the
Open-End Diversified Unit Investment Fund “KINTO-Equity”
of the Open Joint
Stock Company “ʲNTO”
(public offering)
Section À. Information on the
Issuer
1. Full name: Open Joint Stock Company “KINTO”
Short name – OJSC “ʲNÒΔ.
2. Registration Code (ªÄÐÏÎÓ) – 16461855.
3. Organizational and legal form - open joint stock company
4. Location - 2 Lysenko St., Kyiv, Ukraine
5. Tel: (044) 246-73-50
6. Fax: (044) 235-58-75
7. Date and the institution of the state registration: registered as a legal
entity by the Pechersk District State Administration in Kyiv on 23 March, 1992;
Pechersk District State Administration in Kyiv on 21 April, 2008 changed the
legal entity state registration Certificate.
8. Information on the managers:
Name |
Education |
Qualification |
Direct participation in the statutory fund (%) |
Indirect participation in the statutory fund (%) |
Oksanych Sergiy Mykhailovych |
Higher |
Economist |
28.7485 |
1.3173 |
Fedorenko Anatoliy Vasyliovych |
Higher |
Economist |
12.8866 |
- |
Radzievska Nadiya Victorivna |
Higher |
Economist |
2.9167 |
- |
Veremienko Sergiy Mykolaovytch |
Higher |
Economist |
0.2045 |
- |
Peter Goldsheider (citizen of Austria) |
Higher |
Lawyer |
0.0001 |
18.1818 |
Lukasevych Vasyl Bogdanovych |
Higher |
Economist |
1.9816 |
- |
Moskalenko Svitlana Mykolaivna |
Higher |
Economist |
0.0273 |
- |
Shynkevych Yuri Petrovitch |
Higher |
Mechanical Engineer |
1.1448 |
2.7279 |
Novikov Olexandr Mykolaovitch |
Higher |
Economist |
1.2636 |
- |
Vasylyieva Irina Michaylivna |
Higher |
Linguist |
1.0549 |
- |
Shuran Oksana Nestirivna |
Higher |
Economist |
2,7279 |
1,1448 |
Kanevska Natalya Yuhumivna |
Higher |
Philologist |
1,6023 |
|
9. Joint Stock Company “Ukrainian Innovation Bank” is the founder of the
Open-end Open Joint Stock Company “ʲNÒΔ (“The Company”). The share of the
“Ukrainian Innovation Bank” at the statutory capital of “KINTO” is 1,01%.
10. Information on proprietors and the affiliated persons:
Information on proprietors and KINTO President
Group |
Full name of legal entity – proprietor (shareholder, participant) of
declarant or full name individual entity – proprietor (shareholder,
participant) and manager of declarant |
Registration Code (ªÄÐÏÎÓ) of
legal entity – proprietor of declarant or identification code of
individual entity |
Location of legal entity or passport information of individual entities
which information is given in relation to |
A particle is in the chartered capital of KINTO, % |
À |
Proprietors of – individual entities *: |
|
|
83.99 |
|
Oksanych Sergiy Mykhailovych |
2040704877 |
Passport series ÑÎ ¹ 873577, Issued in Kiev on 11/12/01 |
28.75 |
|
Daniel Goldscheider |
d/i |
Passport series P, AUT, number #H 05195520, issued by Austrian embassy
in Zurich on 08/05/01.
Switzerland, Oberwil,
Zeughausgasså 19. 6300 Zyg. |
18.18 |
|
Fedorenko Anatoliy Vasyliovych |
1800907019 |
Passport series ÑÎ ¹ 296999, issued in Kyiv on 24/12/99 |
12.89 |
B |
Proprietors are legal entities: |
|
|
16.01 |
|
ATLAS GLOBAL VENTURES, INC |
|
20 Queen ST West Toronto Ontario Canada |
2.27 |
|
Joint-stock commercial bank «Lisbank» |
d/i |
31 Artema St., Kyiv |
0.03 |
|
Joint stock company “Postup” |
d/i |
1 Privokzalna Sqr., Mikolaiv |
0.01 |
|
Closed joint stock company “Finance and Credit” |
d/i |
27, Getmana St., |
0.13 |
|
JSC “Ukrinbank” |
05839888 |
01601, 12a Instytutska St., Kyiv |
1.00 |
|
Open joint stock company “Oksana Plus” |
21561056 |
04074, 8 Rezervna St., Kyiv |
0.00 |
|
Joint company “Fantom” |
d/i |
9 Frunze St., Lugansk |
0.02 |
|
Joint company “Diamed” |
d/i |
117a Cheluskinciv St., Donetsk |
0.05 |
|
"KINTO Invest, Ltd" |
32915716 |
01034, 2/1 Lysenka/Yaroslaviv Val St, Kyiv |
12.50 |
|
“Satelit-3” Invest Ltd |
21626465 |
04074, 8 Rezervna St., Kyiv |
0.00 |
C |
KINTO President:
Oksanych Sergiy Mykhailovych |
2040704877 |
Passport series ÑÎ ¹ 873577, Issued in Kiev on 11/12/01 |
28.75 |
|
|
Total |
|
100.00 |
Information on the affiliated persons of
founders of KINTO – individual entity *
¹ |
Full name individual entity – founder of declarant and its direct
relatives, group of the affiliated persons |
Identification code |
Character of legal entity in relation to which exists tie-up |
Registration Code (ªÄÐÏÎÓ) of
legal entity in relation to which exists tie-up |
Full name of legal entity in relation to which exists tie-up |
Location of legal entity in relation to which exists tie-up |
A particle in the chartered capital of the affiliated person % |
Post is in the affiliated person |
1 |
Oksanych Sergiy Mykhailovych |
2040704877 |
o |
32915716 |
"KINTO Invest, Ltd" |
01034, 2/1 Lysenka/Yaroslaviv Val St, Kyiv |
- |
General Director |
2 |
Oksanych Sergiy Mykhailovych |
2040704877 |
m |
16461855
|
Open Joint Stock Company “KINTO” |
01034, 2/1 Lysenka/Yaroslaviv Val St, Kyiv |
28.75 |
President |
|
|
|
|
|
|
|
|
|
* The direct relatives of founder KINTO do not relate control above any legal
entities
** s – securities traders, r – independent registrars, m – asset management
companies, d – depositorys, c – custodians, t – trading platforms, i –
independent appraisers of property, à – auditors, o – other economic society (if
the particle of person or groups of the persons related to it in him exceeds
20%)
Information on legal entities in which proprietors of KINTO –
legal entities are take part *
* Proprietors of KINTO – legal entities do not take participating in other
legal entities-residents of Ukraine
Information on the legal entities in which AMC owners – legal
entities- participate
²íôîðìàö³ÿ ïðî þðèäè÷íèõ îñ³á, â ÿêèõ âëàñíèêè ÊÓÀ – þðèäè÷í³
îñîáè – áåðóòü ó÷àñòü*
* Legal entities do not carry out control above KINTO.
Information on persons which own more than 20% the statutory
fund of legal entities - founders of KINTO *
* Legal entities do not carry out control above KINTO.
Information on legal entities, in what KINTO takes
part
¹ |
Registration Code (ªÄÐÏÎÓ) or identification code of the affiliated
person |
Character of legal entity in relation to which exists tie-up* |
Registration Code (ªÄÐÏÎÓ)
legal entity in relation to which exists tie-up |
Full name of legal entity in relation to which exists tie-up |
Address of legal entity in relation to which exists tie-up |
A particle is in the chartered capital, % |
1 |
16461855 |
o |
21465022 |
“Profit”, Ltd |
2/1 Lysenka/Yaroslaviv Val St, Kyiv |
99.9944
|
|
|
o |
32915716 |
"KINTO Invest, Ltd" |
2/1 Lysenka/Yaroslaviv Val St, Kyiv |
80.26 |
|
|
o |
21561062 |
Joint-stock company “ÀÂÑ-3” |
18 Chigorina St., Kyiv |
27.00 |
|
|
s |
35138108 |
“Fundstore”, Ltd |
40 Phrunze St., Kyiv |
20.00 |
* s – securities traders, r – independent registrars, m – asset management
companies, d – depositorys, c – custodians, t – trading platforms, i –
independent appraisers of property, à – auditors, o – other economic society (if
the particle of person in him exceeds 5%)
Information on the affiliated persons of KINTO President
*
¹ |
Name of KINTO President and his direct relatives |
Identification code |
Character of legal entity in relation to which exists tie-up ** |
Registration Code (ªÄÐÏÎÓ) of
legal entity in relation to which exists tie-up |
Full name of legal entity in relation to which exists tie-up |
Location of legal entity in relation to which exists tie-up |
A particle is in the chartered capital of the linked person % |
Post is in the affiliated person |
1 |
Oksanych Sergiy Mykhailovych |
2040704877 |
³ |
32915716 |
"KINTO Invest, Ltd" |
01034, 2/1 Lysenka/Yaroslaviv Val St, Kyiv |
- |
General Director |
2 |
Oksanych Sergiy Mykhailovych |
2040704877 |
m |
16461855
|
Open Joint Stock Company “KINTO” |
01034, 2/1 Lysenka/Yaroslaviv Val St, Kyiv |
- |
President |
|
|
|
|
|
|
|
|
|
* The direct relatives of KINTO President do not relate control above any
legal entities.
** s – securities traders, r – independent registrars, m – asset management
companies, d – depositorys, c – custodians, t – trading platforms, i –
independent appraisers of property, à – auditors, o – other economic society (if
the particle of person or groups of the persons related to it in him exceeds
20%)
11. List of investment funds under Company’s management:
- "Dostatok" Fund (Interval Diversified Unit Investment Fund), registration
code (ªÄвѲ) – 221004, Certificate ¹4 dated 11.03.2003.;
- "Classical" Fund (Open-end Diversified Unit Investment Fund), registration
code (ªÄвѲ) – 211045, Certificate ¹45 dated 11.05.2004.;
- "Narodny" Fund (Interval Diversified Unit Investment Fund), registration
code (ªÄвѲ) - 221396, Certificate ¹396 dated 27.06.2006.;
- “KINTO Capital" (OJSC, Closed-end Non-Diversified Corporate Investment
Fund), registration code (ªÄвѲ) – 132073, Certificate ¹73 dated
05.08.2004.;
- "KINTO Equity " Fund (Open-end Diversified Unit Investment Fund),
registration code (ªÄвѲ) – 2111312, Certificate ¹1312 dated 12.03.2009.;
- “Synergy Bond” Fund (OJSC, Closed-end Non-Diversified Corporate Investment
Fund), registration code (ªÄвѲ) - 132100, Certificate ¹100 dated
22.12.2004.;
- “Synergy Real Estate” Fund (OJSC, Closed-end Non-Diversified Corporate
Investment Fund), registration code (ªÄвѲ) - 132194, Certificate ¹194 dated
29.07.2005.;
- “Synergy-3” Fund (OJSC, Closed-end Non-Diversified Corporate Investment
Fund), registration code (ªÄвѲ) - 132354, Certificate ¹354 dated
14.04.2006.;
- “Synergy-4” Fund (OJSC, Closed-end Non-Diversified Corporate Investment
Fund), registration code (ªÄвѲ) - 132636, Certificate ¹636 dated
03.05.2007.;
- “Synergy-5” Fund (OJSC, Closed-end Non-Diversified Corporate Investment
Fund), registration code (ªÄвѲ) - 132808, Certificate ¹808 dated
15.10.2007.;
- “Synergy-7” Fund (OJSC, Closed-end Non-Diversified Corporate Investment
Fund), registration code (ªÄвѲ) - 1321029, Certificate ¹1029 dated
11.04.2008.
Section B. Characteristics of the Unit
Investment Fund
1. Name – Open-End Diversified Unit Investment Fund “KINTO Equity” (“The
Fund”).
2. Registration code (ªÄвѲ) – 2111312.
3. Date and the Number of the Certificate on receiving registration code
(ªÄвѲ) – March 12, 2009, ¹1312.
4. Achievement of the Fund’s activity standards – up to 12
September 2009.
5. On the date of making a decision on approval of the Fund’ Prospectus the
Supervisory Board has not been elected.
Section C. Fund’s Regulations
These Regulations for the Open-End Diversified Unit Investment Fund “KINTO
Equity” of the Open Joint Stock Company “KINTO” (“Regulations”) are based on the
following Ukrainian laws: “On Securities and Stock Exchange”, “On the National
Depositary System and Electronic Transactions With Securities in Ukraine”, “On
Collective Investment Institutions (unit and corporate investment funds)” and
Rulings by the State Securities and Stock Market Commission (“Commission”).
These Regulations aim to regulate creation and functioning of the Open-End
Diversified Unit Investment Fund “KINTO Equity” of the Open Joint Stock Company
“KINTO” (“the Fund”).
1. Information on the unit investment
Fund and Fund;s investment
certificates.
1.1. Name of the Fund:
1.1.1. Full name of the Fund – Open-End Diversified Unit Investment Fund ”
KINTO Equity”
1.1.2. Short name: ODUIF “KINTO Equity”
Full name and short name of the Fund are aquivallent
1.2. Type of the Fund - Open-End.
1.3. Kind of the Fund – Diversified.
1.4. The Fund is considered as established from the date of its registration
in the institutes of collective investment State register.
1.5. Face Value – UAH 1 000 (one thousand)
1.6. Form of issuance of the Fund’s investment certificates – Nominal
Shares.
1.7. Form of the Fund’s investment certificates – Non-documentary.
2. Information on the asset management company:
2.1. Full name – Open Joint Stock Company “KINTO” (“the Company”)
2.2. Registration Code (ªÄÐÏÎÓ) – 16461855
2.3. Location - 2/1 Lysenka/Yaroslaviv Val St, Kyiv, Ukraine
2.4. Series, number and date of the License to engage in the professional
activities on the stock - asset management activity – AB No. 416672,
expires 27.01.2011 .
2.5. President – Oksanych Sergiy Mykhailovych
2.6. Tel: (044) 246-73-50
2.7. Fax: (044) 235-58-75
2.8. E-mail: k³[email protected]³nto.com.
3. Procedure for Establishing, Responsibilities, Activities and
Composition of the Fund’s Supervisory Board
3.1. The Fund’s Supervisory Board (“Supervisory Board”) is composed of 3
(three) members elected from the number of Fund’s investors (“Investors”). The
Supervisory Board’s objective is to supervise the Fund’s investment declaration
implementation, safekeeping of the Fund’s assets, registration of the nominal
securities owners, Fund’s audit and Fund’s assets valuation.
3.2. Any Fund’s investor could be elected as a member of the Supervisory
Board in case he (she) owns not less than 1 000 (one thousand) investment
certificates of the Fund.
3.3. Among those, who meet the criteria mentioned in paragraph 3.2 of these
Regulations, the priority-driven right to become members of the Supervisory
Board have those Investors, who own the largest number of the Fund’s investment
certificates.
3.4. The Supervisory Board is elected annually.
3.5. The Company on the date of January 20 decides on the Investors, who,
according to the paragraph 3.2. of these Regulations have the right to enter the
Fund’s Supervisory Board, and within 5 (five) working days from the mentioned
date sends to these Investors by the recommended letter a proposal to become
member of the Fund’s Supervisory Board.
3.6. The answers on proposal to enter the Supervisory Board are accepted by
the Company during 15 (fifteen) working days from the date despatched of this
proposal, mentioned in paragraph 3.5. of these Regulations.
3.7. The Company within five working days (starting from the expiry date of
the accepting answers on proposals to enter the Supervisory Board) sends by the
recommended letter to those, from whom answers were received:
- Notification that the Investor has become a member of the Supervisory
Board;
or
- Notification that according to the paragraph 3.1. and 3.3. of these
Regulations the Investor has not become a member of the Supervisory Board.
3.8. The Company sends invitations not later than 10 (ten) working days
before the Board’s meeting to be held.
3.9. An article on elections of the Fund Supervisory Board’s Head and a
Secretary is required to be on the first Fund Supervisory Board meeting’s
agenda. An article on elections of the Head of the Supervisory Board is required
to be the first point on the Board meeting’s agenda.
3.10. All Supervisory Board’s members present at the meeting elect the Head
of the Fund’s Supervisory Board though a majority. The Head of the Supervisory
Board could be re-elected anytime.
3.11. The Head of the Supervisory Board organizes Board’s work, calls
meetings of the Supervisory Board, presides over Board’s meetings and keeps
minutes. If the Head of the Supervisory Board could not participate at the
Board’s meeting, another Supervisory Board’s member acts on behalf of the Head
according to the decision taken by the members of the Board.
3.12. Meeting of the Fund’s Supervisory Board could also be called on the
request of a member of the Supervisory Board, an auditor (auditing company),
Fund’s custodian or the Company itself. An initiator, who called the Fund
Supervisory Board’s meeting, is required to inform members of the Board by a
written letter specifying date, time, location and agenda of the Board’s meeting
in not less than 10 (ten) working days.
3.13. The Fund Supervisory Board is authorized to take decisions on the
agenda issues only if two thirds of Board’s members are present at the
meeting.
3.14. Fund Supervisory Board’s terms of reference include:
- Elections of the Head and Secretary of the Supervisory Board;
- Ratification of amendments suggested by the authorized Company’s body to
the Fund’s Regulations.
- Ratification of amendments to the Fund’s investment certificates issue
prospectus;
- Approval of decision on discontinuing agreements with the custodian,
registrar and auditor (auditing company);
3.15. Each Fund Supervisory Board’s member has one vote during the Board’s
meeting.
3.16. Majority present at the meeting makes Fund Supervisory Board’s
decisions. The vote of the Head of the Fund’s Supervisory Board or his
representative is conclusive.
3.17. Minutes of the Fund Supervisory Board’s meeting should be finalized in
no more than 5 (five) working days after the meeting was held. Minutes should
include the following information about the meeting:
- Location and date;
- List of attendees;
- Agenda;
- Issues to be voted on, vote results and decisions taken. The Head and a
Secretary of the Board sign the Fund Supervisory Board’s Minutes.
3.18. The Fund’s investor could participate at the Supervisory Board directly
or act through a representative, authority of whom should be confirmed in
accordance with the current legislative norms.
3.19. If, as a result of alienation of the Supervisory Board’s member’s
Fund’s investment certificates, the number of his/her investment certificates
has become less than the number mentioned in the paragraph 3.2 of these
Regulations, such a member of the Fund Supervisory Board loses his/her
membership. At the same time, the number of Board’s members is less than
required in the item 3.1 of these Regulations, so the Fund Supervisory Board’s
meeting could not be held until the minimum required number of members of the
Supervisory Board is reached. The Company’s Supervisory Board temporarily acts
as the Fund’s Supervisory Board until the Fund’s Supervisory Board is
formed.
4. The Procedure of the Net Asset Value and Investment Certificates
Placement (Redemption) Price Determination.
4.1. The Fund's net asset value is determined according to the procedure
stipulated by the "Regulations on determination of collective investment
institutions net asset value" (unit and corporate investment funds)
(“Regulations”). In case the changes are made to these Regulations or in case
the regulative acts on changes in the procedure of net assets value
determination are approved, the net value of the Fund's assets is determined
according to the requirements of legislature in force and corresponding
regulative documents.
4.2. In calculating the Fund's net asset value, the market value of the
Fund's securities traded at more than one organized market is valued by the
lowest of the last quotations, determined at each market for previous year,
taking into account the criteria set by the Regulations.
4.3. Securities, the circulation of which has been terminated, are included
in the Fund's net asset value calculation at the rate of 75% of their book
value.
4.4. In calculating the Fund's net asset ordinary value, equity is valued by
the Company:
4.4.1. At the price of the last market transaction, if it
simultaneously complies with the following requirements:
4.4.1.1 Total sum of the transaction was not less than UAH 5,000 (five
thousand);
4.4.1.2. The transaction was accomplished in no more than 30 (thirty)
calendar days before the valuation was made;
4.4.1.3. The total volume of market transactions for 30 (thirty) calendar
days that precede the day of the transaction completion was not less than UAH
10,000 (ten thousand);
4.4.2. At the last book value - in all other cases.
4.5. When calculating the net asset value of the Fund’s assets, the valuation
of fixed-income securities is made by the Company:
4.5.1. At the price of the last market transaction, if it
simultaneously meets the following requirements:
4.5.1.1. The transaction was completed at the day when the valuation was
made;
4.5.1.2. The transaction amount is not less than UAH 10,000 (the thousand);
4.5.1.3. Total amount of market transactions during 30 (thirty) calendar days
which precede the day of the transaction completion was not less than UAH
100,000 (a hundred thousand);
4.5.2. In all other cases – by the formula:
where:
V- Calculated value of the security;
Ñj- Payment
(coupon, dividend, depreciation etc) in period j;
N- Nominal or depreciated
value of the security;
dj- Number of days until the 1st, 2nd….k
payment, from the date of calculation;
dn- Number of days until
the maturity (redemption) of the security;
yM- Yield to maturity,
calculated by the formula:
where:
P – last market transaction price (if this transaction
meets the requirements stipulated in items 4.5.1.2. and 4.5.1.3. of the
Regulation) or the price of purchase of the security (in case of absence of
market transactions or if those do not meet the mentioned requirements );
Ci – payment (coupon, dividend, depreciation
etc) in period i;
di – number of days until the 1st, 2nd….n payment, from the
date of calculation.
4.6. In calculating the Fund's net asset value calculated value of the Stock
marcet's instrumens by the formula:
, where:
V – calculated value of the security;
P – price of purchase of the security;
R – price of the maturity (redemption) of the security;
di – number of days from the date of purchase of the
security until the date of calculation;
d – number of days from the date of purchase of the security until the
maturity (redemption) of the security.
4.7. The company calculates the net asset value of the Fund:
- Before the Commission recognizes the Fund as such that meets the minimum
asset requirements set up for unit investment funds by current legislature – at
the end of the last working day of the calendar month and when the Company is
requested by the Commission to submit the report on the Fund’s activities;
- After the Commission recognizes the Fund as such that meets minimal capital
requirements at the end of each working day.
- Before the Commission recognizes the Fund as such that meets the
requirement on the minimal capital requirements – at the end of the last working
day of the calendar month and when the Company is requested by the Commission to
submit the report on the ICI securities placement;
After the Commission recognizes the Fund as such that meets the minimum
assets requirements – at the end of each working day, preceding the day of
taking applications on placement and redemption of the Fund’s securities, at the
end of the last working day of the calendar month, quarter, year, in case the
Company is changed and the fund is liquidated.
4.8. Before the Commission recognizes the Fund as such that meets the minimum
asset requirements, the placement of the Funds investment certificates is
performed by the Company at their nominal value.
4.9. After the Commission recognizes the Fund as such that meets the minimum
asset requirements, the placement and redemption of the Funds investment
certificates is performed by the Company at their calculated value.
4.10. The calculated value of the investment certificate is determined as the
ratio of the Fund’s total net asset value to the number of the Fund’s investment
certificates outstanding on the date of calculation.
4.11. The value of the Fund's investment certificates acquired by the
investor (redeemed from the investor) is determined on the basis of the
calculated value of the Fund's investment certificates on the day when the
investor submits application (for acquiring or redeeming Fund' investment
certificates).
5. The Procedure of Determination of Company's Fee and Covering the
Expenses Incurred by the Fund
5.1. Company’s fee is determined depending on the net asset value of the
Fund.
5.2. The Company’s Fee is accrued and is paid out monthly by cash assets.
5.3. Determination of the net asset value for calculation of the Company’s
fee is made on the basis of information on average monthly net asset value of
the Fund as of the end of the last working day of the corresponding month.
5.4. Finalization of the Company’s annual fee is made on the basis of the
average annual net asset value calculation taking into account average monthly
net asset value estimates.
5.5. Company’s fee may not exceed 5 (five) percent of annual average Fund's
net asset value.
5.6. Management Fee is3.0% of the Fund’s average Net Asset
Value (NAV)
5.7. Other fees and expenses paid from the Fund's assets:
- Fee to the Fund's custodian;
- Fee to the Fund's registrar;
- Fee to the Fund's auditor;
- Fee to securities traders;
- Operating expenses incurred in connection to the functioning of the Fund,
including:
- Registration services (state duties and other similar services);
- Payment for bank servicing;
- Notary services;
- Payment for publications of the required information on the Fund's
activities;
- Informational services (payment for acquiring information regarding the
issuers in the securities of which the Fund has allocated or plans to allocate
its assets; payment for other information required for collective investment);
- Advertising services associated with circulation of the Fund's securities;
- Expenses for servicing the Fund's participants and circulation of
securities, including expenses on the interest payments for loans, received by
the Company to purchase securities (taking into consideration limitations set up
by the current Ukrainian legislature).
5.8. Expenses specified in item 5.7 of the Regulations (except Company’s
management fee, taxes and other obligatory payments, stipulated by the law) may
not exceed 5 (five) percent of annual average Fund's net asset value during the
fiscal year.
5.9. In case the Company in its own account pays expenses related to the
redemption of investment certificates when the Fund is incapable to do this. The
associated with the redemption costs should be covered at the expense of the
Fund’s assets later.
5.10. The Company at its own account pays for other expenses and expenses
exceeding the amount specified by legislation.
6. Procedure and Terms of the Investment Certificates Redemption by the
Company
6.1. The requirement of the Fund’s investment certificates owner (“The
Owner”) to sell Fund’s investment certificates is submitted in a form of the
Application on the sale of the Fund’s investment certificates (“Application”).
6.2. Application is submitted by the Owner directly to the Company or
securities trader - an agent on the placement and redemption of the Fund
investment certificates (“the Agent”) – list of which could be found at the
Fund’s prospectus. The Agent acts on behalf, on account and in the interests of
the Company.
6.3. Application is irrevocable.
6.4. Applications are accepted daily starting from the day when the
Commission recognizes the Fund as such that meets the minimum assets
requirements specified by the law for unit investment funds.
6.5. The agreement on the redemption of investment certificates is concluded
with the owner simultaneously with the acceptation of the Application.
6.6. Settlement with the Owner is made during 7 (seven) working days from the
day when the mentioned above agreement was concluded with the Owner on the
Owner’s direct request.
6.7 Settlements with Investor are made through the bank transfer on the
Investor’s bank account or through the transfer from the Agent’s cash desk. In
case the Investor during the term mentioned in p.6.6. of these Regulations does
not contact the Company to receive the payment in the mentioned timeframe,
payment will be deposited with the notary’s office (private notary) at the
Investor’s expense by the time when the notary will transfer payment to the
Investor.
6.8. Redemption of Fund’s investment certificates is made at the same price
for all investors. The price is determined for the day when the Owner submitted
the Application compliant with the net asset value.
6.9. The redemption price is decreased by the amount equalling agent’s
commission specified in the Prospectus. If the settlement with the Investor is
made through the Agent’s cash desk, Agent’s commission will increase by the
amount of the bank’s fee for the cash withdrawal.
7. Investment targets.
Investment targets are determined in the Fund's
Investment Declaration, which is a constituent part to the Regulations (See:
Investment Declaration, Attachment 1 to the Regulations).
Attachement 1 to the Regulations of the Open-End
Diversified Unit Investment Fund “KINTO Equity” of the Open Joint
Stock Company “ʲNTO”
|
INVESTMENT DECLARATION
of the Open-End
Diversified Unit Investment Fund
“KINTO Equity”
of the Open Joint Stock Company
“ʲNTO”
1. Full name of the fund - Open-End Diversified Unit Investment Fund “KINTO
Equity”.
2. The Fund was founded according to the decision of the general
shareholders’ meeting of the Open Joint Stock Company “KINTO” (Minutes No.3
dated 9 April, 2008).
3. The objective of the Fund's activity is raising funds from investors and
increasing the value of capital through collective investment activities.
4. The Fund’s assets comprise securities (Ukrainian and foreign, state
securities guaranteed by the Cabinet of Ministers of Ukraine and municipal) and
money market funds, including funds in foreign currency, bank metals.
5. Assets are invested according to the following
proportions:
no less than 10% – monetary funds on separate bank deposits;
no less than 50% – ordinary shares.
6. The Fund assets may not include:
- Securities issued by the Company, custodian, registrar, the Fund's audit
company and their affiliated persons;
- Securities of foreign countries and foreign legal entities allowed to be
traded at less than two major foreign stock exchanges or trading-informational
systems, the list of which is determined by the State Securities and Stock
Market Commission;
- Securities of other collective investment institutions;
- Derivatives, unless stipulated otherwise by regulative acts of the State
Securities and Stock Market Commission;
- Real estate, alienation of which is prohibited by Ukrainian legislature.
7. Structure of the Fund’s assets should correspond to all requirements
stipulated by the current legislature on the structure of assets of the
diversified unit investment fund.
8. During the asset management process, the Company adheres to all
requirements stipulated by the current legislature on the structure of assets of
the diversified unit investment fund.
Section D. Information on the Issue of
Fund’s Investment Certificates
1. Total value of the Fund’s investment certificate - UAH 250,000,000 (two
hundred and fifty million).
2. Number of the Fund’s investment certificates - 250,000 (two hundred fifty
thousand).
3. Nominal value of the Fund’s investment certificate - UAH 1000 (one
thousand).
4. Form of the Fund’s investment certificates – non-documentary.
6. Beginning of placement – 14. 05.09.
7. The planned selling rate of Fund’s investment certificates:
– Before the Commission recognizes the Fund as such that meets the
requirement on the minimal capital requirements - at their nominal value;
– After the Commission recognizes the Fund as such that meets the minimum
assets requirements (written notice) - at the price calculated on the Fund’s
total net asset value per one security paper outstanding.
– at the price, which is based on the Fund’s net asset value per, but not
less than the securities nominal value.
The calculated value of the investment certificate is determined as the ratio
of the Fund’s total net asset value to the number of the Fund’s investment
certificates outstanding on the date of calculation.
The price of the Fund’s securities is increased only by the amount of the
Agent’s commission;
8. Calculated Fund’s net asset value is offered for public attention at the
Company’s official web site www.kinto.com.
9. The investor can buy investment certificates at the following address:
- Kyiv, 2/1 Lysenka/Yaroslaviv Val St; The calculated value of the investment
certificate is determined as the ratio of the Fund’s total net asset value to
the number of the Fund’s investment certificates outstanding on the date of
calculation.
- Lviv, 42 Saharova St, îf. 317;
- Lviv, 78 Saharova St;
- Mukolaiv, 1a Dekabristov St;
- Dnipropetrovs’k, 13 Luvarna St;
- Zaporijie, 91 Gogoly St;
- Donetsk, 48 Universitetskay St;
- Cherkassy, 37 B. Vushnevetskogo;
- Dnipropetrovs’k, 48 Komsomolska St.
10. The procedure of shares placement and payment:
10.1. Agent is responsible for the placement of the Fund’s investment
certificates.
The placement of the securities is made by Agents listed in Section K of the
regulation
10.2. A person who is willing to purchase Fund’s investment certificates
(“Investor”) should submit an Application on the investment certificates
purchase (“Application on purchase”) directly or through the representative, who
acts on behalf of the Investor according to the appropriately formalized power
of attorney, to the Agent and on the address mentioned above.
10.3. Applications on purchase are accepted each working day from
1300pm to 1700pm. The
10.4. Right after the Application for purchase is accepted, the Company signs
an Agreement with the Investor on the Fund’s Investment Certificates Purchase.
If the Investor is married at the time when the Agreement is concluded, the
Investor’s spouse should give his (her) consent on signing the mentioned
Agreement. Such a consent should be presented in the written form:
- Simple written form (Investor’s spouse should be physically present during
the Agreement singing process);
- Notarized written form (presence of the Investor’s spouse is not required
during the process of signing the Agreement). The requirements to the spouse’s
written consent could be found at the Agreement on purchase.
10.5. While purchasing Fund’s investment certificates, the Investor is
joining the Fund while signing an Agreement on the investment certificates
purchase on the following conditions:
1) The Investor transfers payment for Fund’s investment certificates to the
Company. Funds received from the Investor are allocated on the stock market on
the company’s discretion according to the directions described at the Investment
Declaration;
2) The Investor gives his (her) consent to the Company to manage Fund’s
assets by signing an Agreement on Purchase of Fund’s Investment Certificates.
Fund’s assets are comprised of securities and cash, which form the pool of money
created as a result of collective investment;
3) The Company’s authority on owning and managing Fund’s assets are specified
at the Agreement on purchase, Fund’s Regulations and current legislative norms;
4) Sale of all Fund’s investment certificates owned by the Investor relieves
the Investor from any legal responsibility to the Company;
10.6. The payment for Fund’s investment certificates is made by the Investor
by paying to the Agent’s cash-desk or by bank transfer
10.7. The payment for Fund’s investment certificates is made by the Investor:
- In case of the payment in cash: on the date of the corresponding Agreement
conclusion;
- In case of the non-cash payment: not later then during the next working day
following the day of signing an Agreement.
10.8. The Investor’s name is entered into the register of the Fund’s
investment certificates owners during 7 calendar days from the day the payment
for investment certificates was made.
11. There is no restriction towards minimal amount of the Fund’s investment
certificates that the Investor may purchase.
12. The Agent's Commission increases the price of the Fund's securities
placement (decreases the redemption price) by 1% (one percent).
13. Rights of Fund’s investment certificates Owners:
- Hand over Fund’s investment certificates for redemption;
- Become a member of the Fund’s Supervisory Board according to the Fund’s
Regulations.
14. Notification on the Fund’s investment confiscates issue is done by
publishing the registered Prospectus in the official printed edition of the
State Securities and Stock market Commission within the terms stipulated by
current legislature.
15. The funds attracted from the Fund’s investment certificates may not be
used to cover the Company’s losses.
16. If the Commission declares the issue of the Fund’s investment
certificates invalid, the Company takes the responsibility to return collected
money to investors in the time frame that is specified by the law.
Section E. Information on the Previous
Issue of Fund’s Investment Certificates
The placement of the investment certificates is done for the first time.
Section F. Information on the Depository
Institution
- Name – «Interregional Stock Union»;
- Code ªÄÐÏÎÓ – 24917996;
- Location – 01032, Kiev, 7b Vetrova St;
- Phone – (044)238-61-92;
- Fax – (044)238-61-94;
- ñåð³ÿ, íîìåð òà äàòà âèäà÷³ ˳öåí糿 íà äåïîçèòàðíó ä³ÿëüí³ñòü äåïîçèòàð³þ
ö³ííèõ ïàïåð³â – À ¹189728 as of 07.11.06 ð.;
- Term of the License – valid until 07.11.16.
Section G. Information on the property
independent appraiser
The Investment Declaration does not stipulate investments in real estate.
Section H. List of Stock Exchanges and
OTC Markets, Where Fund’s Investment Certificates Are Placed
Fund’s investment certificates are not placed on the stock exchange or
over-the-counter market.
Section I. Information on the
Custodian
- Name – “Ukrsotsbank”;
- Code ªÄÐÏÎÓ – 00039019;
- Location – 29, Kovpaka Str., Kyiv;
- Phone – (044) 230-32-43;
- Fax – (044) 230-32-57;
- Series, number and date of issue of the License on securities issuance and
circulation – AB ¹376969 as of 13.10.07;
- Term of the License – valid until 13.10.12.
Section J. Information on the
Auditor
- Name – Auditing Company “Ukraudit XXI”;
- Code ªÄÐÏÎÓ – 22964908;
- Location – 3 Nekrasivska Str, Kyiv;
- Phone – (044) 235-78-58;
- Fax – (044) 235-78-55;
- Number and date of issuance of the registration certificate – 0701; dated
26.01.01;
- Term of the Certificate – 15.12.10;
- Number and date of issuance of the Certificate about including to the
register the auditor to conduct verifications of public accountants of the
financial institutions on professional stock market - ¹120, Certificate AB
000105 dated 22.02.07;
- Term of the Certificate - 15.12.10.
Section K. Information on the securities
traders who place and redeem Fund’s investment certificates.
- Name - "KINTO", Ltd".
- Code ªÄÐÏÎÓ - 19263860.
- Location - 2/1 Lysenka/Yaroslaviv Val Str., Kyiv.
- Telephone - (044) 246-37-31.
- Series, number and date of issue of the License on securities issuance and
circulation - ÀÂ ¹189785 dated 20.11.06.
- Term of the License - until 09.09.10.
2. Name – «Basis»;
Code ªÄÐÏÎÓ – 19358916;
Location – 61002, 88 Sumska Str., Kharkiv;
Phone / Fax – (057) 714-28-70/714-28-70;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity – underwriting – ÀÂ ¹
376978 as of 16.10.07, Term of the License – valid until 16.10.2012;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity - brokerage – ÀÂ ¹ 376976
as of 16.10.07, Term of the License – valid until 16.10.2012.
3. Name –«MAXIMUM-KAPITAL»;
Code ªÄÐÏÎÓ – 35501976;
Location – 79012, - Lviv, 42 Saharova Str;
Phone / Fax – (032) 242-36-07;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹
393875 as of 30.01.08, Term of the License – valid until 30.01.13;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹ 393873 as
of 30.01.08, Term of the License – valid until 30.01.13.
4. Name– «KREDOBANK»;
Code ªÄÐÏÎÓ – 09807862;
Location – 79026, Lviv, 78 Saharova Str;
Phone / Fax – (032) 297-27-79/297-27-48;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹376651
as of 19.10.07, Term of the License– – valid until 20.10.12;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹376649 as
of 19.10.07, Term of the License – valid until 20.10.12.
5. Name – «Fundstore»;
Code ªÄÐÏÎÓ – 35138108;
Location – 04080, Kiev, 40 Phrunze Str;
Phone / Fax – (044) 229-37-14;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹393935
as of 21.02.08, Term of the License– – valid until 20.09.12;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹393934 as
of 21.02.08, Term of the License– – valid until 20.09.12.
6. Name– «KVADRO»;
Code ªÄÐÏÎÓ – 24997771;
Location – 49000, Dnipropetrovs’k, 13 Luvarna Str;;
Phone / Fax – (056) 370-17-25/234-18-77;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹456890
as of 19.01.09, Term of the License – valid until 19.01.14;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹ 376679 as
of 16.10.07, Term of the License– – valid until 16.10.12.
7. Name– «Stock company Pilot»;
Code ªÄÐÏÎÓ – 25479222;
Location – 69002, Zaporijie, 91 Gogoly Str;
Phone / Fax – (061) 220-80-90/214-99-35;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹440397
as of 17.11.08, Term of the License – valid until 16.10.12;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹440395 as
of 17.11.08, Term of the License– – valid until 16.10.12.
8. Name –«Donfinservice»;
Code ªÄÐÏÎÓ – 32757972;
Location – 83050, Donetsk, 48 Universitetskay Str;
Phone / Fax – (062) 337-09-39/337-35-20;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹189920
as of 02.02.07, Term of the License – valid until 02.02.12;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹189918 as
of 02.02.07, Term of the License – valid until 02.02.12.
9. Name – «Finance company «Delta»;
Code ªÄÐÏÎÓ – 35158559;
Location – 18000, Cherkassy, 37 B. Vushnevetskogo Str;
Phone / Fax – (0472) 33-09-41/33-09-42;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹
397887 as of 16.04.08, Term of the License – äî 16.04.13;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹ 318468 as
of 26.06.07, Term of the License – valid until 26.06.12.
10. Name – «Evrobroker»;
Code ªÄÐÏÎÓ – 32781036;
Location – 49022, ì. Dnipropetrovs’k, 2 Molodogvardeyska St.
Phone / Fax – (0562) 31-69-81;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: underwriting – ÀÂ ¹318020
as of 07.02.07, Term of the License – valid until 07.02.12;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹318019 as
of 07.02.07, Term of the License – valid until 07.02.12.
Section L. Information on the securities
traders servicing the Fund’s assets.
1. Name– «Ê²NÒÎ, Ltd»;
Code ªÄÐÏÎÓ – 19263860;
Location – 01034, Kyiv, 2/1 Lysenko/Yaroslaviv Val str.;
Phone / Fax – (044) 246-37-31;
Series, number and date of issue of the License on securities issuance and
circulation – ÀÂ ¹189785 as of 20.11.06, Term of the License– valid until
09.09.10.
2. Name –«Satelit-3»;
Code ªÄÐÏÎÓ – 21626465;
Location – 04074, Kyiv, 7b Vetrova Str.;
Phone / Fax – (044) 246-74-34;
Series, number and date of the License to engage in the professional
activities on the stock – securities trading activity: brokerage– ÀÂ ¹376625 as
of 16.10.07, Term of the License– valid until 16.10.12.