Contract
for service in Depository of joint stock company "Belagroprombank" N
Minsk " " ______200_
Joint stock company «Belagroprombank» in the person of
______, acting on the basis of ______, hereinafter called as "Depository", on one hand, and ______in
the person of______, acting on the basis of ______, hereinafter called as "Client", on the other hand, concluded the present contract about the following:
I. Subject of the contract
1.1. Depository opens for "Client" the account "DEPO" for preservation and settlements by securities, and also plays the role of depository by securities, which will be counted up on this account.
II. Commitments of the "Client"
2.1. To follow the demands of legislation of the Republic of Belarus, of normative documents of National bank of the Republic of Belarus and committee of securities by Council of Ministers of the Republic of Belarus.
2.2. By concluding the contract "Client" is obliged to grant to "Depository" the following documents:
2.2.1. The copy of the document about state registration of "Client", certified by notary or by authority, performing registration.
2.2.2. The copy of charter, certified by notary or by higher organization or by authority, performing registration.
2.2.3. Depository signature card of authorities (who have the right to manage the account "DEPO") and imprint of seal of "Client", certified by notary or by higher organization.
2.2.4. The certificate of Belarussian republican unitary insurance entity "Belarussian state insurance", which confirms the registration of "Client" as insurant.
2.2.5. The certificate of the Fund of social defense about registration as payer of obligatory insurance instalments.
2.2.6. The document, which confirms designation of the persons, having the right to act on behalf of the "Client" without letter of attorney.
2.2.7. Written statement for opening of the account "DEPO".
2.3. "Client" gets acquainted with the regime of work of depository, terms of performance of operations by account "DEPO", rules of registration of instructions for securities transfer, accepted in "Depository", and is obliged to fulfil them completely.
2.4. In case of reorganization "Client" grants the documents, indicated in the point 2.2. of the present contract, except application for opening an account.
2.5. By changes or additions in charter "Client" is obliged to grant a new Charter or its copy or change (addition) to it, certified by notary or by higher organization or by authority, who performs registration.
Indicated documents must be granted for a month from the day of reorganization, registration of renaming, change of subordination, alterations in Charter.
2.6. In case of replacement or addition of at least one signature in depository card of "Client" or in imprint of seal “Client" for three working days from the moment of changes must grant to "Depository" a new depository signature card and imprint of seal, certified by notary or by higher organization.
2.7. By change of actual location, legal address, and also other information, which is of vital importance for performance by "Depository" of its commitments by the present contract, "Client" must inform "Depository" about changes of corresponding requisites for five working days from the moment of changes.
2.8. For three working days after receipt of statement about state of the account "DEPO" to inform "Depository" about securities, incorrectly entered on the account or written off it. Date of receipt of statement is the date, indicated on the stamp of post-office of "Client" in case of sending by mail, or date indicated in statement in case of receipt by responsible officials of "Client", indicated in the list according to point 6.2. of the present contract.
2.9. To keep confidentiality of information, received in the process of work with "Depository".
2.10. In time, determined by normative and legal acts, regulating circulation of corresponding kind of securities, by coming of maturity date of issue of securities and/or payment of income to give «Depository» information about quantity of securities of this issue on the account «DEPO» and number of the account for entrance of cash resources.
III. Rights of the “Client"
3.1. To perform any operations with securities, counted up on the account of "Client", in order, determined by the legislation of the Republic of Belarus, time limit of depository of JSC "Belagroprombank" and the present contract.
IV. Commitments of the "Depository"
4.1. To open and conduct separate from other accounts the account "DEPO" of "Client" with indication of the date and basis of each operation by account.
4.2. To give "Client" notification about opening the account "DEPO" for three working days after opening the account.
4.3. To accept instructions for performance of depository operations of "Client" in accordance with time limit of depository. In case of change of time of operation day to inform "Client" in written form not later than before three days till its change.
4.4. To perform depository operations by account "DEPO" of "Client" within rests of securities on the account on the basis of properly arranged documents in accordance with legislation of the Republic of Belarus, time limit of depository of JSC "Belagroprombank" and the present contract.
4.5. To perform writing off / entrance by account "DEPO" of "Client" on the basis of primary documents in accordance with legislation of the Republic of Belarus and time limit of depository of JSC "Belagroprombank".
4.6. To grant the statement of an account "DEPO" of "Client" not later than for three working days after performance of accounting operation.
4.7. To grant to "Client" reporting documents (invoice of "DEPO", instructions of "DEPO" and so on and so force) in accordance with chapter VI of the present contract.
4.8. In case of refusal in acceptance of performance of instruction or performance of depository operation to return "Client" the copy of instruction with indication on its back side the reasons of refusal not later than for two working days following the day of acceptance of instruction for transfer of securities.
4.9. To grant to "Client" the list of tariffs for rendered services, acting to the moment of signing of the contract.
4.10. To inform "Client" about changes in tariffs for granted services. New tariffs come into force from the moment of receipt by "Client" notification from "Depository ". The date of receipt of notification is the date, indicated on the stamp of post-office of "Client".
4.11. To keep confidentiality of information, received in the working process with "Client".
V. Rights of the "Depository"
5.1. To refuse "Client" in acceptance of instructions and (or) performance of depository operations in the following cases:
- Infringements by "Client" of the legislation of the Republic of Belarus, order of registration of the documents and terms of their grant to "Depository";
- In case of erasures, corrections, absence of obligatory requisites of instruction;
- In case when the only instruction is registered for more than one issue of securities;
- In case when on granted instruction the signatures and imprint of seal don’t correspond to the examples of the signatures and imprint of seal, stated in "Depository";
- If the quantity of securities, subjected to the writing off in the instruction of "DEPO", is bigger than the quantity of corresponding securities, counted up on the account "DEPO" of "Client".
5.2. In unilateral order to bring changes into tariffs.
5.3. To block the securities, counted up on the account of "Client", and also to cancel a block system in cases, foreseen by the legislation of the Republic of Belarus.
5.4. To render additional services on terms, determined by separate contracts with "Client".
VI. Order of document circulation
6.1. Documents on paper are sent by "Client" to "Depository" by empowered persons or sent by mail.
6.2. Empowered persons of "Client" get report documents of "Depository" according to the list of responsible persons, granted to "Depository". In case responsible persons of "Client" don’t get documents for three days from the moment of their compiling or performance, documents will be sent by mail.
VII. Pay for services
7.1. "Client" pays for services of "Depository " on the basis of tariffs, accepted in " Depository", to the account N 8140211000015 in JSC "Belagroprombank", code 964, INP 100693551 not later than on the first working day of the month, following the reporting month, and grants to "Depository" the copy of pay instruction for five banking days, following the last day of reporting month.
7.2. For opening the account "DEPO" for accounting of securities "Client" pays to " Depository " one base rate to the moment of conclusion of the present contract to the account N 8140211000015 in JSC "Belagroprombank", code 964, INP 100693551.
VIII. Responsibility of the parties
8.1. "Depository" is not responsible for commitments of "Client", “Client" is not responsible for commitments of " Depository ".
8.2. "Client" pays to "Depository" fine at the rate of 0,5 of base rate to the account N8380211150015 in JSC "Belagroprombank", code 964, INP 100693551 for each day of delinquency, for absence of notification for three working days from the day of receipt of statement of account about incorrectly entered / written off securities.
8.3. "Client" is responsible for timeliness ofservice payment of " Depository". In case of delinquency of service payment, "Client" pays fine at the rate of 0,1 per cent from the sum not paid in good time for each day of delay to the account N 8380211150015 in JSC "Belagroprombank", code 964, INP 100693551. The pay of fine doesn’t free "Client" from servicepayment, rendered by " Depository" to "Client".
8.4. Settlement of disputes, caused by fulfilment of terms of the present contract, is performed in the order, foreseen by existing legislation.
IХ. Period of validity and order of cancellation of the contract
9.1. The present contract comes into force from the moment of its signing by the parties and is valid for current year.
9.2. If neither of the parties for thirty days till expiration of the period of validity of the contract declares about its ending in written form, the contract will be prolonged for next year on the same terms.
9.3. The present contract can be cancelled ahead of schedule:
- By agreement of the parties;
- By systematic non-fulfilment of commitments by the contract by one of the parties;
- In case of delinquency of payment for service of account of "Client" before more than three months;
- On the basis of application of "Client", but before the complete settlement is performed by mutual demands;
- By absence of movement under the account "DEPO" and by zero rest on this account for 12 months;
In these cases the party must warn about it the other party in written form before thirty days till the supposed date of cancellation of the contract.
- In case of cancellation of license of "Depository" for depository activity;
- In case of liquidation of one of the Parties;
- In other cases, foreseen by legislation of the Republic of Belarus.
Х. Circumstances of irresistible force
10.1. "Client" and "Depository" are not responsible for partial or full non-fulfilment of commitments by the present contract, if such non-fulfilment caused by circumstances of irresistible force, provided that these circumstances directly influenced the possibility of fulfilment by "Client" or “Depository " of undertaken commitments by the present contract
ХI. Additional terms
11.1. The contract is compiled in duplicate, having equal legal force, one copy for each Party.
11.2. All changes and additions to the present contract are arranged in written form by additional agreements, from the moment of signing by the Parties have legal force and are integral parts of the present contract.
11.3. The terms of performance of depository operations, forms and periodicity of reporting of "Depository" to "Client", and also the order of informationtransmission are determined by legislation of the Republic of Belarus, regulating depository activity, by time limit of depository of JSC "Belagroprombank" and by the present contract
XII. Requisites of the parties:
"Depository ": "Client ":
Joint stock company ______
"Belagroprombank ",
s/a 8140211000015 in s/a ______
JSC "Belagroprombank ", code 964, in ______code
INP 100693551 INP
code of depository 009 OKPO
______
Address: ______Minsk, Address: ______
______
______/ / ______/ /
Place for seal Place for seal
Supplement 3
INSTRUCTION «DEPO»
FOR TRANSFER OF SECURITIES № _____
from « __ » ______200_ .
The name of securitySender of transfer / DEBIT / Quantity
Depository
of sender of transfer / Code / Account №
Section of correspondent account № / Section №
Receiver of transfer / CREDIT
Depository
Receiver of transfer / Code / Account №
Section of correspondent account № / Section №
Quantity in words:
Destination and basis:
The date of performance of instruction « __ » _____ 200_
(indicated by sender of transfer)
Carried out by depository « __ » ______200_
Signature of Client Signature of performer
Place for sealPlace for seal (stamp)
Supplement 4
APPLICATION from ______
for redemption and/ or payment of income ______
(kind of securities, number of issue)
______
(full name of legal entity,
______
number of account «DEPO» )
Quantity of securities: ______pieces.
(in figures) (in words)
Sum of cash resources: ______
(in figures) (in words) (kind of currency)
By state securities and securities of National bank of the Republic of Belarus, nominated in Belarussian rubles:
Bank requisites of legal entity ______
(name of the bank,
______
number of the account, code of the bank)
Information about the owners of state securities or securities of National bank of the Republic of Belarus
Name of the owner / Quantity (pieces) / Sum, kind of currencyThe manager of legal entity ______
(signature) (initials, last name)
Chief accountant ______
(signature) (initials, last name)
Place for seal