Selected Decisions and Selected Documents of the IMF, Thirty- Third Issue -- Establishment of the Post-SCA-2 Administered Account
Prepared by the Legal Department of the IMFAs updated with decisions adopted during the first quarter of 2009 (posted July 2009)
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| ARTICLE V, SECTION 2(b) | ||||
| Technical and Financial Services | ||||
| Financial Services | ||||
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ESTABLISHMENT OF THE POST-SCA-2 ADMINISTERED ACCOUNT 1. Pursuant to Article V, Section 2(b), the Fund adopts the Instrument to Establish the Post-SCA-2 Administered Account that is annexed to this decision [see Attachment]. 2. The provisions of the Instrument may be amended by a decision of the Fund with the concurrence of the members that have transferred resources remaining in the account at the time of such decision. Decision No. 12061-(99/130), Attachment Instrument to Establish the Post-SCA-2 Administered Account To fulfill its purposes, the International Monetary Fund (the “Fund”) has adopted this Instrument to establish an account in accor-dance with Article V, Section 2(b), which shall be governed and ad-ministered by the Fund in accordance with the terms and conditions of this Instrument. 1. The Fund hereby establishes an account ("the Account") for the temporary administration of resources transferred to the Account by a member following the termination of the SCA-2, while deciding on the final disposition of those resources. 2. The SDR shall be the unit of account. Transfers may be made in or exchanged for SDRs in accordance with such arrangements as may be made by the Managing Director for the holding and use of SDRs by the Account. 3. The resources of the Account shall be invested, and the proceeds of investments reinvested, at the discretion of the Managing Director. The Managing Director is authorized (i) to make all arrangements, including establishment of accounts in the name of the International Monetary Fund, with such depositories of the Fund as may be necessary to carry out the operations of the account, and (ii) to take all measures necessary to implement the provisions of this Instrument. 4. The Fund shall transfer all or part of the resources received from a member, together with the member's pro rata share of the investment returns, to the PRGF-HIPC Trust, or otherwise in accordance with the member's instructions. 5. The assets held in the Account shall be kept separate from the assets and property of all other accounts of, or administered by, the Fund. The assets in the Account shall not be used to discharge or meet any liabilities, obligations, or losses incurred by the Fund in the administration of such other accounts. 6. Subject to the provisions of this Instrument, the Fund, in administering the Account, shall apply mutatis mutandis the same rules and procedures as apply to operations of the General Resources Account of the Fund. 7. No charge shall be levied on the members for the services rendered by the Fund in the administration, operation, and termination of this Account. 8. The Fund shall maintain separate financial records and prepare separate financial statements for the Account. 9. The external audit firm selected under Section 20 of the Fund's By-Laws shall audit the operations and transactions of the Account. The audit shall relate to the financial year of the Fund. 10. The Fund shall report on the assets and property and on the operations and transactions of the Account in the Annual Report of the Executive Board to the Board of Governors and shall include in that Annual Report the report of the external audit firm and the External Audit Committee. 11. The Account shall be terminated upon completion of the transfers contemplated in paragraph 4. 12. Any questions between a member and the Fund arising hereunder shall be settled by mutual agreement. | ||||
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