Conclusion of a trust management agreement for funds. Agreement on trust management of securities and funds. This agreement has been drawn up in two copies, according to

______________ "___"_________ 20__

This Agreement on Trust Management of Shares was concluded by _________________________________, hereinafter referred to as the "Trustee", represented by __________________________________, acting___ on the basis of _____________________________________, on the one hand, and _________________________________, hereinafter referred to as the "Management Founder", represented by _________________________________________________, acting___ on the basis of ________________________, on the other side.

1. THE SUBJECT OF THE AGREEMENT

1.1. The founder of the management transfers to the Trustee a package of ordinary registered shares ____________________________________, state. reg. N. _____________, nominal value ________________ (_________________________________) rubles per share, in the amount of _____________ (_________________________________) pieces per total amount at a nominal value of ______________ (___________________________) rubles (hereinafter referred to as the “Property”) for their trust management.

Trust management of the Property in the sense of this Agreement means the implementation by the Trustee of the rights and obligations of the Management Founder as a shareholder ____________________, including the commission by the Trustee as a nominal holder of a block of shares of any legally significant and actual actions (including organizational ones) with the Property of the Management Founder, taking into account the restrictions established this Agreement.

The fiduciary nature of management is disclosed in clause 1.5 of this Agreement.

1.2. The beneficiary (beneficiary) under this Agreement is

Address: ____________________________, r/s

C/s _______________________________.

This Agreement is concluded in favor of the Beneficiary.

1.3. The owner of the Property transferred for trust management to the Trustee under this Agreement is the Management Founder.

1.4. In exercising his rights and performing his duties, the Trustee must act in good faith and in the manner that is best from the point of view of the Beneficiary.

The relations arising between the parties in connection with the implementation of this Agreement are characterized by the special trust placed by the Management Founder in the Trustee as a person who, in the opinion of the Management Founder, is capable of competently and professionally managing the transferred Property.

1.5. The Trustee does not have the right to entrust third parties with the performance of the duties assigned to him by this Agreement, except in cases where:

a) written consent has been received from the Founder of the management for such an assignment;

b) circumstances have arisen in which such an order is necessary to ensure the interests of the Management Founder or the Beneficiary and the Trustee does not have the opportunity to receive instructions from the Management Founder within a reasonable time.

The trustee is responsible for the actions of his chosen attorney as if they were his own.

2. PROCEDURE AND CONDITIONS OF TRUST MANAGEMENT

2.1. In the process of implementing trust management of the Founder’s Property

management The Trustee has the right:

2.1.1. Perform on your own behalf the following legally significant and actual actions necessary for the implementation of trust management of the Property, which, according to the law, the owner of the Property has the right to perform:

participate through their representatives in General Meetings of Shareholders
vote at General Meetings of Shareholders ____________________ on all issues on the agenda with the entire package of shares transferred into trust management (_______________ votes);
elect and be elected through their representatives to the management bodies of _______________________ (Board of Directors, Audit Commission, Counting Commission);
in accordance with the legislation of the Russian Federation on joint-stock companies, propose issues on the agenda General meeting shareholders ______________________, nominate candidates to the management bodies of ___________________________;
receive dividends on shares transferred into trust management with their transfer to the Beneficiary in the manner provided for in subparagraph. 2.2.5 and section 3 of this Agreement;
draw up extracts from the register of shareholders __________________ for shares transferred into trust management;
buy shares transferred into trust management (the entire package or part thereof) at a price not lower than _____ (_______________) rubles per share no earlier than ________________________ with the transfer of the proceeds to the management founder in the manner prescribed by sub. 2.2.7 of this Agreement;
sell the shares transferred into trust management (the entire package or part thereof) to third parties at a price not lower than _____(______________) rubles per share with the transfer of the proceeds to the management founder in the manner prescribed by sub. 2.2.7 of this Agreement;
draw up transfer orders on your own behalf for registration in the register of shareholders _______________________ of the above transactions of purchase and sale of shares.

2.1.2. Use the Property held by him in trust to compensate for losses arising as a result of normal business risk in the process of trust management of the Property, to reduce or prevent such losses and other cases provided for in this Agreement, as well as if these actions are caused by the interests of the Beneficiary or Founder management and are objectively necessary from the point of view of economic feasibility.

2.1.3. Instruct your employees, on the basis of a duly executed power of attorney, to perform on his behalf all actions necessary for the implementation of trust management.

2.1.4. Make claims and actions necessary to protect your rights and legitimate interests related to trust management.

2.1.5. Receive remuneration in the amounts specified in clause 3.5 of this Agreement.

2.1.6. Fulfill obligations arising as a result of actions for trust management of the Property, at the expense of this Property.

2.2. In the process of implementing trust management of the Property of the Management Founder, the Trustee is obliged to:

2.2.1. Separate the Property of the Management Founder from its own property.

2.2.2. Indicate when making transactions with the Property transferred into trust management and executing the corresponding transfer orders that he acts as a Trustee.

2.2.3. Maintain separate accounting records of the Property of the Management Founder, which is in trust management, and the income generated by this Property through separate personal bank accounts; make calculations of remuneration due to the Trustee and income transferred to the Beneficiary, and other calculations; perform other accounting and Bank operations necessary for the implementation of trust management and execution of this Agreement.

2.2.4. To ensure a high professional level of trust management of the Property of the Management Founder in strict accordance with this Agreement, for which purpose to allocate professionally trained employees for the direct implementation of the goals of this Agreement.

2.2.5. Transfer to the Beneficiary net income, that is, all benefits and income received from the trust management of the Property, with the exception of funds aimed at covering expenses associated with trust management, taxes, remuneration due to the Trustee, other payments and expenses provided for in this Agreement.

Amounts due to the Beneficiary must be transferred to him no later than ___ days from the date of their receipt by the Trustee.

2.2.6. Annually submit a report on your activities related to the implementation of this Agreement to the Management Founder and the Beneficiary.

2.2.7. Upon expiration of this Agreement, transfer to the Management Founder the Property held in trust and/or transfer to the Management Founder the proceeds from the sale of the Property no later than ___ days from the date of expiration of this Agreement.

2.3. The trustee does not have the right to use the Property under trust management to pay his own debts not related to trust management, cannot pledge the Property to secure his own obligations, or alienate it in gratuitous transactions.

2.4. During the implementation of trust management of his Property, the Management Founder has the right:

2.4.1. To receive reports on the activities of the Trustee within the time limits provided for in this Agreement.

2.4.2. Require the Trustee to replace his employees directly involved in the trust management of his Property in the event of justified claims against them regarding the implementation of management.

2.5. In the process of implementing trust management of his Property, the Management Founder is obliged to:

2.5.1. Transfer to the Trustee the Property specified in clause 1.1 of this Agreement no later than one week from the date of signing this Agreement.

2.5.2. Do not interfere with the operational activities of the Trustee.

2.6. In the process of implementing trust management of the Property of the Management Founder, the Beneficiary has the right:

2.6.1. To receive all benefits and income received as a result of trust management of the Property, except for the cases provided for in this Agreement.

2.6.2. To receive reports on the activities of the Trustee within the time limits established by this Agreement.

2.6.3. To waive the rights granted by this Agreement.

3. PROCEDURE FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH TRUST MANAGEMENT AND PAYMENT OF REMUNERATION TO THE TRUSTEE MANAGER

3.1. In the process of implementing trust management of the Founder’s Property

management The trustee is obliged to pay taxes directly related to the implementation of trust management operations. All other taxes are paid by the participants in the legal relationship under this Agreement independently.

3.2. The amounts of taxes paid by the Trustee in accordance with clause 3.1 of this Agreement are excluded by him from the amounts to be transferred to the Beneficiary.

3.3. The trustee has the right to reimbursement of all expenses associated with trust management, with the exception of those caused by his unprofessional, ill-considered actions (clause 4.2 of this Agreement), if any.

3.4. Amounts of expenses for trust management are subject to exclusion from the amounts to be transferred to the Beneficiary. Documents confirming the expenses incurred must be sent along with the next report to the Beneficiary.

3.5. The trustee is entitled to receive compensation in the amount of ___% of the total income received as a result of trust management. The amount of remuneration is excluded from the amount to be transferred to the Beneficiary.

4. RESPONSIBILITY OF THE PARTIES

4.1. Losses arising as a result of normal business risk are borne by the Founder of the management.

4.2. Losses incurred by the Trustee during the process of trust management as a result of ill-considered, unprofessional actions of the Trustee, committed in excess of the powers granted by this Agreement, are subject to compensation by the latter.

The criterion for the absence of guilt of the Trustee in the occurrence of business losses is the adequacy of the actions he has taken to manage the Property of the Management Founder to the specific circumstances and market conditions that are typical for a competent professional in a similar situation, as well as the actions he has taken to manage the Property of the Management Founder in strict accordance with the requirements of this Agreement.

The Trustee is not liable for losses caused if these losses occurred as a result of force majeure or the actions of the Management Founder or the Beneficiary.

4.3. Obligations for a transaction completed by the Trustee in excess of the powers granted to him by this Agreement or in violation of established restrictions are borne by the Trustee personally. If the persons participating in such a transaction did not know and should not have known about the abuse of power or established restrictions, the resulting obligations are subject to fulfillment in the manner established by clause 4.4 of this Agreement. In this case, the management founder may demand from the Trustee compensation for losses incurred by him.

4.4. Debts under obligations arising in connection with the trust management of the Property are repaid at the expense of this Property. In the event of insufficiency of this Property, foreclosure may be applied to the property of the Trustee, and if his property is insufficient - to the property of the Management Founder that has not been transferred to trust management.

4.5. If one of the parties violates its obligations in the cases provided for in this Agreement (clauses 5.2.1 and 5.2.3), the second party has the right to terminate this

Agreement unilaterally by sending a corresponding notification to the first party. The contract is considered terminated upon expiration of ___________ from the moment the addressee receives the specified notice.

5. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS EARLY TERMINATION

5.1. This Agreement comes into force from the moment of signing and is valid until ____________________________. In the absence of an application from one of the parties to terminate the Agreement at the end of its validity period, it is considered extended for the same period and on the same conditions as provided for in this Agreement.

5.2. The contract may be terminated early in the following cases:

5.2.1. If the Trustee fails to receive the transfer order in accordance with sub. 2.5.1 of this Agreement within _________ from the moment of signing the Agreement - at the request of the Trustee.

5.2.2. In the event of an unmotivated refusal of the Trustee to replace employees directly involved in managing the Property of the Management Founder, or failure to respond to the Management Founder’s complaint containing this request, within one month from the date of its receipt by the Trustee - at the request of the Management Founder.

5.2.3. In case of improper fulfillment by the Trustee of its obligations established by the Agreement - at the request of the Management Founder.

5.2.4. If it is impossible for the Trustee to carry out trust management of the Property due to the repurchase by the Trustee or sale of shares in accordance with subparagraph. 2.2.1 - at the request of the Trustee.

5.2.5. In case of refusal of the Beneficiary from the rights granted by this Agreement.

5.2.6. In other cases established by law. No other grounds for early termination of the Agreement are allowed.

5.3. If one party refuses this Agreement on the grounds provided for in paragraphs. 5.2.1 - 5.2.3, 5.2.5, the other party must be notified of this no later than __________ before termination of the Agreement.

5.4. At early termination of the Agreement, all payments are made, provided for by the Treaty, for its normal ending.

5.5. All losses directly related to early termination of the Agreement on the grounds provided for in paragraphs. 5.2.1 - 5.2.3, shall be borne by the party whose misconduct caused such termination.

6. OTHER CONDITIONS

6.1. All changes and additions to this Agreement are valid if they

made in writing and signed by each party.

6.2. This Agreement is drawn up in ___ copies having equal legal force, ___ copies for each of the parties.

6.3. In all other respects not provided for in this Agreement, the parties will be guided by current legislation RF.

7. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Trustee: _____________________________________________

______________________________________________________________________

Founder of the management: __________________________________________

______________________________________________________________________

8. SIGNATURES OF THE PARTIES

Trustee: Management founder:

_______________________________ _________________________

In accordance with paragraph 1 of Art. 1012 of the Civil Code of the Russian Federation, under a property trust management agreement, one party (the management founder) transfers property to trust management for a certain period of time to the other party (the trustee), and the other party undertakes to manage this property in the interests of the management founder or the person specified by him (the beneficiary).

The trust management agreement can be real (comes into force from the moment the property is transferred to the manager for trust management); bilaterally binding and reimbursable if the counterparty to the contract is commercial organization(bank).

Participants in the trust management agreement in cash are: the founder of the management (individual or legal entity) - the account owner; trustee - a bank that has a license to carry out such transactions and has entered into a trust management agreement. Credit organizations do not have the right to transfer their property for trust management to other credit organizations.

According to paragraph 1 of Art. 1016 of the Civil Code of the Russian Federation, the essential terms of the contract under consideration include:

- exact designation of the composition of the property transferred to trust management (since, in particular, at the end of the contract, this property must be returned to the founder);
- name of the beneficiary ( legal entity or citizen) in whose favor the trust management is established, including in cases where the beneficiary under this agreement is the founder of the management;
- the amount and form of remuneration to the manager, unless the contract is gratuitous;
- contract time.

By general rule, property transferred to trust management must meet the following signs: allocated to separate balance(account), be individually determined, and upon termination of trust management, returned to the owner.

Regarding the trust management of funds, the legislator proceeds from the presumption of prohibition: money cannot be an independent object of trust management, except in cases directly provided by law(Clause 2 of Article 1013 of the Civil Code of the Russian Federation). The permission for trust management of funds is established in clause 3, part 2, art. 5 of the Banking Law. The object of trust management can only be the non-cash money of the founder of the management. Cash cannot become an independent object of trust management, since it does not relate to individually defined things, in circulation they are depersonalized and at the end of the contract the same banknotes cannot be returned to the owner.

Cash is defined not by the number of individual bills, but by monetary units, which they contain. The special importance of money in civil circulation is that they perform the function of a universal equivalent of value and can be used as a universal means of payment.

Non-cash funds listed in a bank account (and thereby legally separate), which represent the client’s obligatory right of claim against the bank, can be transferred to trust management; in this case we can talk about trust management of property rights.

According to E. A. Sukhanov1, the activities of management companies of mutual investment funds, which “invest” the funds of their investors in securities, and sometimes also in real estate, cannot be recognized as a type of trust management. bank deposits and other property, i.e. do not manage them on the basis of a trust management agreement, but alienate them on the basis of purchase and sale agreements, loans, bank deposit and etc.

However, the norms of legislation and other legal acts indicate specifically the trust management of funds.

So, in part 5 of Art. 3 Federal Law dated May 17, 2007 No. 82-FZ “On the Development Bank” states that Vnesheconombank carries out dealer, depository, and management activities in the securities market securities, and also carries out trust management of funds and other property, including state-owned property.

In paragraph 1 of Art. 13 of the Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds” it is established that in trust management of open and interval mutual funds investment funds Only cash can be transferred.

Trust management in cash is carried out, as a rule, through OFBU, which is Property Complex consisting of property transferred into trust management by different persons and united by right common property, as well as acquired by the trustee during the implementation of trust management.

Thus, in in this case We are talking about a specialized trustee. Having transferred the relevant property to the OFBU, within the meaning of paragraph 1 of Art. 246 of the Civil Code of the Russian Federation, the founders of the management are deprived of the opportunity to dispose of property located in shared ownership. In addition, the founders are deprived of the pre-emptive right to purchase a share provided for in Art. 250 Civil Code of the Russian Federation.

The objects of trust management can be funds in Russian and foreign currency, securities.

A person (both an individual and a legal entity) who contributed a share of property to the OFBU is considered the founder of trust management, regardless of whether the contribution was made in his own interests or in the interests of another person (beneficiary). this share. Entry into the OFBU is formalized by an accession agreement concluded between the trustee and the founder. It follows from this that the management founder cannot change the terms of the agreement proposed by the trustee.

As a general rule, a credit institution acts as a trustee; however, in cases where the credit institution itself is the founder of trust management of property, the decision to create an OFBU is made by the management body credit organization authorized to make such a decision.

OFBU assets represented by securities must be stored in the trustee's own depository or in other depositories.

As a result of termination of the trust management agreement, the management founder has the right to receive only funds in the amount of the existing share in the managed property.

in a person acting on the basis, hereinafter referred to as " Trader", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Investor", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Trader undertakes to accept for management financial assets in the amount of rubles on the Investor’s trading account with the company and manage them during the term of the Agreement.

1.2. The Investor undertakes to transfer to the management of the Trader an account opened with the company "" with an initial deposit placed on it in the amount of rubles, accept the services provided and pay for them in accordance with paragraphs. 3.1-3.5 of this Agreement.

1.3. Control financial means carried out by trading on the Moscow Interbank Currency Exchange MICEX in order to extract maximum profit with a certain amount of maximum reduction in the initial deposit (drawdown) on the Investor’s account.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Rights and obligations of the Trader:

2.1.1. The trader is obliged to immediately accept the account for trading operations from the moment he receives the login and password to access the account. The account is considered accepted for management from the moment the investor transfers the account login and password to the trader. The Investor is given the Investor's password to monitor the Trader's trading operations.

2.1.2. The Trader is obliged to send the Investor Statement invoices within one business day, as of the time of the request.

2.1.3. The trader has the right to open and close trading positions at his own discretion, and the amount of the maximum reduction in the initial deposit should not exceed % of the initial deposit.

2.1.4. The trader receives his share of the profit, according to paragraphs. 3.1-3.5 of this agreement.

2.1.5. The trader is obliged to compensate the investor's loss if the loss on the account exceeds more than % of the initial deposit. The procedure and amount of compensation are defined in clause 3.5 of this Agreement.

2.1.6. The trader has the right to manage the account only for trading on the MICEX market.

2.1.7. Upon expiration of the Agreement, and if one of the parties does not agree to its extension, the Trader is obliged to terminate trading operations By trading account Investor and provide the Investor with the login and password of the trading account.

2.2. Rights and obligations of the Investor:

2.2.1. The investor is obliged to open an account with the company “up to” a year inclusive, place a deposit in the amount of rubles on it and provide the Trader with the necessary details for managing the account.

2.2.2. The investor has the right to view the account status at any time, but without interfering with the course of trading.

2.2.3. If the trader violates clause 2.1.3 of this agreement, the Investor has the right to unilaterally terminate the Agreement.

2.2.4. The investor is obliged to withdraw part of the profit from the trading account at the first request of the Trader and pay for the Trader’s services within the agreed period. estimated dates by the certain agreement.

2.2.5. Transfer by the Investor and Trader of their rights and obligations under this agreement to third parties is not permitted.

3. TERMS OF PAYMENT FOR TRADER SERVICES

3.1. The remuneration for the Trader's services is % of the profit recorded on the balance sheet during the billing period. The reward is paid to the Trader within banking days to accounts specified by the Trader or through transfer systems.

3.2. The billing period is determined by clause 4 of this agreement or an additional agreement to this agreement, which defines the beginning and end billing period and the balance amount recorded at the beginning of the billing period.

3.3. If the end of the settlement period coincides with the end of the Agreement and the Agreement is not renewed, then the Trader is obliged to close all positions before the end of the settlement period. In this case, the Investor pays remuneration to the Trader for the last settlement period, and the Trader completely transfers the account to the Investor.

3.4. If at the end of the billing period there is no profit, the Trader’s remuneration for this billing period is not paid and the amount of the opening balance of the previous billing period is taken equal to the opening balance of the next period.

3.5. If upon completion of the Agreement, or at the time of fixing the deposit, the amount in the account is % less than the amount of the initial balance of the last settlement period, then the reward to the Trader for the last settlement period is not paid, and the loss exceeds investment risk equal to % of the initial deposit amount, is compensated by the Trader from his own funds.

4. TERM OF THE AGREEMENT

4.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until terminated by the Parties.

4.2. Termination of the Agreement is possible only at the end of the next billing period. Each of the parties to this agreement has the right to terminate the agreement by notifying the other party no less than calendar days before the end of the next billing period.

4.3. The billing period under this agreement should be understood as a period of time equal to the number of days between the last Fridays of calendar months.

4.4. The end of the billing period for summing up the results is considered to be the last Friday of each calendar month.

4.5. In case of early termination of the contract (before the end of the next billing period) by the Trader or Investor, the Trader is paid a percentage of the profit received for the billing (unfinished) period.

5. RESPONSIBILITY OF THE PARTIES

5.1. The liability of the Parties under this Agreement is determined in accordance with the current legislation of the Russian Federation.

6. FORCE MAJEURE

6.1. In the event of force majeure circumstances, the impossibility of full or partial fulfillment of any of the Parties’ obligations under this Agreement, namely: fire, flood, war, terrorist acts, natural Disasters etc., the fulfillment of obligations under this agreement is suspended in proportion to the time during which such circumstances remain in effect.

6.2. The Party for which it is impossible to fulfill obligations under the contract must notify the other Party in writing of the occurrence and termination of such circumstances no later than days from the date of commencement/termination of these circumstances. Additional terms. If the details of any of the Parties change, the Party changing its details must notify the other Party of their change no later than calendar days. All changes, additional agreements, acts, appendices to this Agreement are valid only if they are made in writing and signed by both Parties in person.

financial means in a person acting on the basis, hereinafter referred to as " Trader", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Investor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Trader undertakes to accept for management financial assets in the amount of rubles on the Investor’s trading account with the company and manage them during the term of the Agreement.

1.2. The Investor undertakes to transfer to the management of the Trader an account opened with the company with an initial deposit in the amount of rubles placed on it, accept the services provided and pay for them in accordance with paragraphs. 3.1-3.5 of this Agreement.

1.3. Management of financial assets is carried out through trading on the Moscow Interbank Currency Exchange MICEX in order to extract maximum profit with a certain amount of maximum reduction in the initial deposit (drawdown) on the Investor's account.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Rights and obligations of the Trader:

2.1.2. The Trader is obliged to send the Investor Statement invoices within one business day, as of the time of the request.

2.1.3. The trader has the right to open and close trading positions at his own discretion, and the amount of the maximum reduction in the initial deposit should not exceed % of the initial deposit.

2.1.4. The trader receives his share of the profit, according to paragraphs. 3.1-3.5 of this agreement.

2.1.6. The trader has the right to manage the account only for trading on the MICEX market.

2.1.7. Upon expiration of the Agreement, and if one of the parties does not agree to its extension, the Trader is obliged to stop trading operations on the Investor’s trading account and transfer the login and password of the trading account to the Investor.

2.2. Rights and obligations of the Investor:

2.2.1. The investor is obliged to open an account with the company up to and including 2019, place a deposit in the amount of rubles on it and provide the Trader with the necessary details for managing the account.

2.2.2. The investor has the right to view the account status at any time, but without interfering with the course of trading.

2.2.3. If the trader violates clause 2.1.3 of this agreement, the Investor has the right to unilaterally terminate the Agreement.

2.2.4. The Investor is obliged to withdraw part of the profit from the trading account at the first request of the Trader and pay for the Trader’s services within the agreed settlement period under this agreement.

2.2.5. Transfer by the Investor and Trader of their rights and obligations under this agreement to third parties is not permitted.

3. TERMS OF PAYMENT FOR TRADER SERVICES

3.1. The remuneration for the Trader's services is % of the profit recorded on the balance sheet during the billing period. The remuneration is paid to the Trader within banking days to the accounts specified by the Trader or through transfer systems.

3.2. The billing period is determined by clause 4 of this agreement or an additional agreement to this agreement, which determines the beginning and end of the billing period and the balance amount recorded at the beginning of the billing period.

3.5. If upon completion of the Agreement, or at the time of fixing the deposit, the amount in the account is % less than the amount of the initial balance of the last billing period, then remuneration to the Trader for the last billing period is not paid, and a loss exceeding the investment risk equal to % of the amount of the initial deposit is compensated by the Trader from own funds.

4. TERM OF THE AGREEMENT

4.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until terminated by the Parties.

4.3. The billing period under this agreement should be understood as a period of time equal to the number of days between the last Fridays of calendar months.

4.4. The end of the billing period for summing up the results is considered to be the last Friday of each calendar month.

5. RESPONSIBILITY OF THE PARTIES

5.1. The liability of the Parties under this Agreement is determined in accordance with the current legislation of the Russian Federation.

6. FORCE MAJEURE

6.1. In the event of force majeure circumstances, the impossibility of full or partial fulfillment of obligations by any of the Parties under this Agreement, namely: fire, flood, war, terrorist acts, natural disasters, etc., the fulfillment of obligations under this Agreement is suspended in proportion to the time, in during which such circumstances operate.

6.2. The Party for which it is impossible to fulfill obligations under the contract must notify the other Party in writing of the occurrence and termination of such circumstances no later than days from the date of commencement/termination of these circumstances. Additional terms and conditions. If the details of any of the Parties change, the Party changing its details must notify the other Party of their change no later than calendar days. All changes, additional agreements, acts, appendices to this Agreement are valid only if they are made in writing and signed by both Parties in person.

7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Trader

Investor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

8. SIGNATURES OF THE PARTIES

Trader_________________

Investor_________________

Please note that the property management agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

Under trust operations refers to the operations of banks to manage property and funds on behalf of and in the interests of clients as their authorized representatives.

Trust relationships are formalized by a trust management agreement.

According to the Banking Code of the Republic of Belarus, banks are only allowed to manage funds in trust.

By agreement on trust management of funds an individual or legal entity (grantor) transfers funds to a bank or NKFO (trustee) for a certain period of time for trust management, and the trustee undertakes, for a fee, to manage the transferred funds in the interests of the trustor or the person specified by him (beneficiary) (Article 213 of the BC )

The subjects of trust management are:

1) trustor – owner or authorized representative of the owner (legal entities and individuals);

2) trustee - it can be bank, trust company, commercial organization;

3) beneficiary - a person indicated by the trustee, in whose interests the trust management of funds is carried out.

Funds transferred to trust management can be used by the trustee in accordance with the trust fund management agreement for:

Placing in a deposit (deposit) for the purpose of generating income;

Acquisition of securities (except for bills of exchange, checks) and management of them.

The trustee does not have the right to use the funds transferred to him by the trustor for interests not related to their trust management (Article 218).

The forms of trust management of funds are (Article 220 of the Budget Code of the Republic of Belarus):

Full trust management;

Trust management by agreement;

Trust management by order.

At full trust management of funds the trustee independently performs actions with the trustor's funds within the limits of the management order with mandatory notification of the trustee about each action he has performed, unless otherwise provided by the agreement (Article 221).

At trust management of funds as agreed the trustee performs actions with the trustor's funds subject to mandatory prior approval of each action he performs with the trustee (Article 222).

At trust management of funds by order the trustee performs actions with the trustor's funds solely on his instructions (Article 223).

A trust (trust) account is opened to the grantor on the basis of a trust (trust) account agreement. In this case, the trustee has the right to open a trust account at his place.

A trust account agreement is concluded if there is an agreement on trust management of funds (Article 228).

3.8 Settlement operations

Payments can be made in cash or non-cash form.

Under calculations in non-cash form refers to settlements between individuals and legal entities or with their participation, carried out through a bank or non-bank financial institution, its (her) branch (branch) in a non-cash manner.

Non-cash payments are carried out in the form of bank transfer, letter of credit, collection (Article 231 of the BC RB).

Non-cash payments in the form of bank transfer are carried out on the basis of payment instructions.

Payment instructions can be issued through:

Submission of payment documents (payment order, payment request, payment request-order);

Use of payment instruments when carrying out relevant operations (check, bank plastic card, other instruments);

Submission and use of other documents and instruments in cases provided for by the National Bank (Article 232 of the Bank of the Republic of Belarus).

RESOLUTION OF THE BOARD OF THE NATIONAL BANK OF THE REPUBLIC OF BELARUS dated March 29, 2001 No. 66 “ON APPROVAL OF INSTRUCTIONS ON BANK TRANSFER” (as amended by the Resolution of the Board National Bank Republic of Belarus dated February 13, 2012 No. 45)

Bank transfer – a sequence of operations that begins with the issuance of payment instructions by the payment initiator, according to which one bank (sender bank) transfers funds at the payer’s expense to another bank (recipient bank) in favor of the person specified in the payment instructions (beneficiary). A bank transfer is completed by the receiving bank's acceptance of the sending bank's payment order (clause 1 of the Bank Transfer Instructions).

Credit transfer – bank transfer, initiated by the payer. A credit transfer is carried out on the basis of payment instructions submitted to the sending bank. Payment instructions when making a credit transfer can be documented in settlement documents ( payment order, payment request-order) or other documents provided for by regulatory legal acts of the National Bank of the Republic of Belarus.

Payment orders are used when making international and domestic bank transfers of funds.

Payment requests-orders are used when making credit transfers of funds if the parties to the transfer are clients of authorized banks (clause 12 of Instruction No. 66).

Debit transfer - bank transfer initiated by the beneficiary.

When making a debit transfer, payment instructions are formalized by settlement documents (payment request), check or other documents provided for by the legislation of the Republic of Belarus (clause 54 of Instruction No. 66).

A payment request is a payment instruction containing a request from the recipient of funds (beneficiary, claimant) to the payer to pay a certain amount of money through the bank (clause 55 of Instruction No. 66).

Payment requirements apply when making domestic bank transfers of funds, and in the presence of international treaties (agreements) - also when making international transfers.

When conducting debit transfers through payment requests, an accepted or non-accepted form of payment is used.

Acceptance is understood as the preliminary consent of the payer, expressed in the form of an application for acceptance and containing instructions to the sending bank to fulfill the payment request on the day it is received by the sending bank.

The form of settlements through payment requests with acceptance is used when making payments for shipped (issued) goods (works, services), in other cases - at the discretion of the parties and is established in the agreement between the beneficiary and the payer.

The direct payment form is used when funds are written off from the payer’s account without his consent in an indisputable manner in cases established by the legislation of the Republic of Belarus.

Checks are used when making international debit transfers of foreign currency, as well as debit transfers Belarusian rubles if the sending bank and the receiving bank participating in the transfer are authorized banks.

Letter of Credit - an obligation by virtue of which the bank, acting on behalf of the client (applicant) to open a letter of credit and in accordance with its instructions (issuing bank), must make payments to the recipient of funds (beneficiary) or pay, accept or honor a bill of exchange or authorize another bank (executing bank) to make payments to the recipient of funds or to pay, accept or honor a bill of exchange. Execution of a letter of credit can be carried out by payment at sight, or payment in installments, or acceptance, or discounting of a bill of exchange (Article 254 BC)

A letter of credit can be revocable, irrevocable, confirmed, transferable, standby (Article 255 of the BC).

Under revocable letter of credit means a letter of credit that can be amended or canceled by the issuing bank without prior notice to the beneficiary. Revocation of a letter of credit does not create any obligations for the issuing bank to the recipient of funds.

The issuing bank is obliged to provide compensation to the nominated bank if, prior to receiving notice of a change in the terms or cancellation of the letter of credit, the nominated bank made payment, accepted and paid or discounted the bill of exchange when the beneficiary presented documents that correspond in appearance to the terms of the letter of credit, or as authorized to make payment with accepted such documents with a deferment (Article 256 of the BC).

An irrevocable letter of credit is understood as a letter of credit that cannot be canceled or changed without the consent of the beneficiary (Article 257 of the BC).

A letter of credit is irrevocable unless otherwise expressly stated in its text.

The issuing bank is obliged to provide compensation to the executing bank that made the payment, accepted the obligation to pay with a deferred payment, accepted and paid or discounted the bill of exchange upon presentation of documents that correspond in appearance to the terms of the letter of credit, and also accept such documents.

At the request of the issuing bank, the nominated bank participating in the letter of credit transaction may confirm an irrevocable letter of credit ( confirmed letter of credit). Such confirmation means the acceptance by the executing bank, in relation to the obligation of the issuing bank, of an additional obligation to make payment under the letter of credit, accept and pay or honor a bill of exchange, or perform other actions in accordance with the terms of the letter of credit. The bank that confirmed the letter of credit is the confirming bank.

An irrevocable letter of credit confirmed by the nominated bank cannot be amended or canceled without the consent of the nominated bank.

If the letter of credit provides for the use of its parts in deadlines and any part is not used within the period established for it, the letter of credit becomes invalid both for this part and for subsequent parts, unless otherwise provided by the letter of credit (Article 257 BC).

Under transferable letter of credit means a letter of credit, according to which, at the request of the beneficiary, the issuing bank (executing bank) can give consent to another person (another beneficiary) for full or partial execution of the letter of credit, if this is permitted by the obligation, subject to the provision by this beneficiary of the documents specified in the letter of credit.

If the letter of credit is designated by the issuing bank as transferable, it can be transferred. A transferable letter of credit can only be translated once, unless otherwise specified in its text. A ban on the transfer of a letter of credit does not mean a ban on the assignment of the right to claim the amount of money due under it (Article 258 of the BC).

Under standby letter of credit means a letter of credit under which the bank issues an independent obligation to pay a certain amount of money to the beneficiary upon his request (application) or upon request with the presentation of documents corresponding to the terms of the letter of credit indicating that payment is due due to the failure of the applicant to fulfill any obligation or the occurrence of any circumstance ( events).

The provisions of this Code relating to bank guarantee, unless otherwise provided by the terms of the letter of credit (Article 259).

The letter of credit is considered internal, if residents act as the issuing bank and beneficiary. Features of the execution of domestic letters of credit are determined by the National Bank.

The letter of credit is considered international, if one of the parties involved in settlements under the letter of credit is a non-resident. When carrying out operations on international letters of credit the parties are guided by the norms of international treaties, international rules and customs in the field of letters of credit, as well as the norms of law applicable to international letters of credit (Article 266 of the BC).

Under collection refers to the implementation by banks of transactions with documents based on received instructions from the client, as a result of which the payer is transferred to financial documents not accompanied by commercial documents (pure collection), or financial documents accompanied by commercial documents, or only commercial documents (documentary collection) in order to receive payment and (or) acceptance of payment or on other conditions (Article 267 BC).

Collection is carried out by the bank (remitting bank) on behalf of the client (principal) or on its own behalf. In addition to the remitting bank, any other bank (collecting bank) can participate in collection operations. The bank presenting documents to the payer is the presenting bank.

Under financial documents means bills, checks and other documents used to receive payment, issued for the purpose of fulfilling obligations in cash.

Under commercial documents means transport documents, invoices, titles of title and other documents that are not financial.

The presenting bank has the right to write off funds from the payer’s account subject to the transfer of documents, either with the consent of the payer (acceptance form) or independently (non-acceptance form).

Types of collection (fig.)

The collection form is called acceptance, in which funds are debited from the payer’s account with his consent. At direct form The collection bank writes off the funds on its own, without asking for the payer’s consent (for example, on the basis of a decision of the economic court). The conditions and procedure for using these forms are governed by current legislation.