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Document Type: ER - Executive Rules & Instructions
Law: KIT (Law No. 2 of 2008 amending Decree No. 3 of 1955)
Decision Number: 22
Year: 2013
Country: 🇰🇼 Kuwait
Official Name: Executive Rule No. 22 Concerning issuance of release certificate related to investment funds and portfolios and investment in Kuwait Stock Exchange

Ministry of Finance - Tax Department - 2013 [Executive Rules & Instructions]

Executive Rules and Instructions of Kuwait Income Tax Decree No. 3 of 1955 as amended by law No. 2 of 2008

Executive Rule No. 22 Concerning issuance of release certificate related to investment funds and portfolios and investment in Kuwait Stock Exchange

Articles No. 38, 46, 47 of the Executive Regulations

First: each Kuwaiti Incorporated Body may apply for a release certificate to tax department via a letter in the name of Undersecretary of Ministry of Finance addressed to Tax Submission and Planning Department to request the release certificate for its investments in investment funds and portfolios and investment in Kuwait Stock Exchange.

Second: request of release certificate related to investment funds will be enclosed with the following documents:

  1. A certified and authenticated statement sealed by managing company's seal in the names of managed investment funds or portfolios.

  2. Filling declaration and undertaking of the dealers in investment funds and portfolios and investment in Kuwait Stock Exchange.

  3. Copy of Civil ID.

  4. Copy of authorized signature form.

  5. Copy of Articles of Association of the fund or portfolio contract and amendments thereto.

  6. Copy of memorandum of association of companies, as amended, if any.

Third: request of release certificate related to investment in Kuwait Stock Exchange will be enclosed with the following documents:

  1. A letter in the name of Undersecretary of Ministry of Finance addressed to Tax Submission and Planning Department to request release certificate.

  2. A certified and authenticated statement sealed by managing company's seal in the names of shareholding investment companies.

  3. Copy of Articles of Association of the company and amendments thereto, if any.

  4. Filling declaration and undertaking of none existence of any obligation imposed by law No. 19 of 2000 concerning National Labor Support and law No. 46 of 2006 concerning Zakat and Contribution of Public and Closed Shareholding companies in the budget of the State.

Fourth: for investment portfolios fully owned by government, only portfolio's contract shall be submitted.

Fifth: release shall not be done unless after verifying retention and supplying due tax and obligations of aforesaid laws.

Declaration and undertaking of dealers in Investment Funds, Portfolios and investment in KSE

We, ____________________, in our capacity as the responsible director of the Incorporated Body involving in (management/ investment/ keeping of securities and investment units) through:

Fund

Portfolio No.

Direct investment, trading No.

Other

The Incorporated Body which we represent is:

Kuwaiti

Gulf

As per the proper information and documents that were filed.

Further, we undertake that against obtaining a tax clearance certificate, we shall notify about any foreign partner of investor subject to Kuwait Income Tax Decree No. 3 of 1955 as amended by law No. 2 of 2008 and its Executive Regulations in respect of accounting for the securities revenues.

We undertake that if otherwise appeared I will be legally liable to the provisions of the aforesaid laws which stipulates that any false declaration that affect on the tax statement or any certification required for the purpose of this statement shall be considered in violation of the provisions of these laws.

In addition, we undertake to advise the tax department with any amendments made on entry or exit of any foreign investor or partner subject to the with regard to securities or investment units dividends activity.

Authorized signatory on behalf of Incorporated Body Name:

Capacity:

Civil ID No.

Signature

Date: …./…./…

Seal of Incorporated Body