Entire Act

2.2.8. Providing Fund Administration

2.2.8.1. General description

Providing Fund Administration is listed in section 8 of Schedule 1 of GEN. It means providing one or more of the following services in relation to a Fund (i.e. a Collective Investment Scheme):

(a)     processing dealing instructions including subscriptions, redemptions, stock transfers and arranging settlements;

(b)     valuing of assets and performing net asset value calculations;

(c)     maintaining the share register and Unitholder registration details;

(d)     performing anti money laundering requirements;

(e)     undertaking transaction monitoring and reconciliation functions;

(f)       performing administrative activities in relation to banking, cash management, treasury and foreign exchange;

(g)     producing financial statements, other than as the Fund’s registered auditor; or

(h)     communicating with participants, the Fund, the Fund Manager, and investment managers, the prime brokers, the Regulators and any other parties in relation to the administration of the Fund.

An Authorised Firm authorised to carry on the regulated activity of Providing Fund Administration is subject to prudential supervision and must comply with AIFC Prudential Rules for Investment Firms.

Currency regulation

Currency transactions will be performed via AIFC Banks if processed in only foreign currency, and via second-tier banks in any currency. For more details of transactional implications see Chapter 4 of PERG.

The table below illustrates currency regulation implications if services are offered to residents of Kazakhstan that are not AIFC Participants.

Are you planning to offer your services to legal entities or natural persons – residents of Kazakhstan that are not AIFC Participants?

Yes:

 

Your services will be subject to the AIFC Rules on Currency Regulation:

 

Name of allowed activity:

 

Providing Fund establishment and administration.

 

Relevant reference to Schedule 2 to the AIFC Rules on Currency Regulation:

6 in the list of related services.

 

Type of currency:

Any currency

 

Transaction:

Via AIFC Banks: only foreign currency

Via second-tier banks: any currency

 

Currency reporting:

No specific reporting for a financial service.

Transactional reporting may be applicable (see Chapter 4 of PERG for more details). 

 

No:

Subrule 3.3.2 of AIFC Rules on Currency Regulation applies. 

For more details see Chapter 4 of PERG.

2.2.8.2. Exclusions

There are none.