Prakas 854 On Registration Fee on Trust Fund
Kingdom of Cambodia
Nation Religion King
Ministry of Economics and Financial
N0: 854 សហរ. PK
Prakas
On
Registration Fee on Trust Fund
Deputy Prime Minister
Minister of Economy and Finance
- Seen the Constitution of Kingdom of Cambodia
- Seen Royal Decree N0 នស/រកត/0918/925 on 06th September, 2018 on the Appointment of the Royal Government of Kingdom of Cambodia
- Seen Royal Decree N0 នស/រកត/618/012 on 28th June, 2018 which promulgated the law on the Organizing and functioning on the Council of Ministers.
- Seen Royal Court N0 នស/រកម/0196/18 on 24th Jan, 1996 which promulgated the law on Establishment of Ministry of Economy and Finance
- Seen Royal Court N0 នស/រកម/0508/016 on 13th May, 2008 which promulgated the law on Public Financial System
- Seen Royal Court N0 នស/រកម/0119/002 on 02nd January, 2019 which promulgated the law on Trust Fund
- Seen Sub-Decree N0 488 អនក្រ.បក on 16th October, 2013 on Organizing and Functioning of Ministry of Economy and Finance
- Seen Sub-Decree No 75 អនក្រ.បក on 25th May, 2017 on Edition on Sub-Degree N0 488 on 16th October, 2013 on Organizing and Functioning of Ministry of Economy and Finance
- Seen Sub-Decree N0 476 អនក្រ.បក on 26th August, 2013 on Financial Trust Fund
- Seen Sub-Decree N0 114 អនក្រ.បក on 02nd August, 2019 on Registration on Trust Fund
- Seen Prakas N0 1330 សហវ.ប្រក on 11th December, 2013 on Organizing and Functioning of Department under the directorate of General of Financial Industry
- According to the needs of Ministry of Economy and Finance
Decision
Chapter1
General Regulations
Article 1:
This Prakas is purposed to enhance the effeciency in offering the services and fee collection on Trust Fund in Kingdom of Cambodia.
Article 2:
This Prakas is aimed to set the fee amount and form of paying the fee on relevant service on Trust Fund Registration.
Article 3:
This Prakas is scoped to implement on Trust Fund which is created and registered in Kingdom of Cambodia.
Chapter 2
Fee on Trust Fund Registration
Article 4:
Validation of Certificate of Trust Fund Registration:
- Must be set due to the duration of Trust Fund letter or
- Must be set for 5 (five) years if Trust Fund letter is set over 5 (five) years.
Article 5:
Fund which is moveable or immoveable property must be valuated on the price in cash by professional of that field who is recognized by relevant regulator in Kingdom of Cambodia and must register on Fund Inventory and sign by the trustee or representative trustee.
Article 6:
To request to register on Commerce Trust Fund, trustor must pay for administration fee and certificate fee as below:
Riels
|
N0 |
Fund Fee |
Administration Fee |
Yearly Fee on Certificate |
|
Commerce Trust Funde |
|||
|
1 |
Under 800 000 000 |
2 000 000 |
3 000 000 |
|
2 |
From 800 000 000 to 4 000 000 000 |
3 000 000 |
5 000 000 |
|
3 |
Over 4 000 000 000 to 20 000 000 000 |
5 000 000 |
7 000 000 |
|
4 |
Over 20 000 000 000 to 40 000 000 000 |
7 000 000 |
9 000 000 |
|
5 |
Over 40 000 000 000 to 80 000 000 000 |
9 000 000 |
13 000 000 |
|
6 |
Over 80 000 000 000 to 120 000 000 000 |
13 000 000 |
17 000 000 |
|
7 |
Over 120 000 000 000 to 160 000 000 000 |
17 000 000 |
21 000 000 |
|
8 |
Over 160 000 000 000 to 200 000 000 000 |
21 000 000 |
25 000 000 |
|
9 |
Over 200 000 000 000 and above |
25 000 000 |
29 000 000 |
Article 7:
To request to register on Public Trust Fund or Social Trust Funde, trustor must pay the administration fee and certificate fee as below:
Riel
|
N0 |
Fund Fee |
Administration Fee |
Yearly Fee on Certificate |
|
Public Trust Fund or Social Trust Fund |
|||
|
1 |
Under 400 000 000 |
500 000 |
1 000 000 |
|
2 |
From 400 000 000 to 4 000 000 000 |
1 000 000 |
2 000 000 |
|
3 |
Over 400 000 000 to 20 000 000 000 |
2 000 000 |
3 000 000 |
|
4 |
Over 20 000 000 000 to 40 000 000 000 |
3 000 000 |
4 000 000 |
|
5 |
Over 40 000 000 000 to 80 000 000 000 |
4 000 000 |
6 000 000 |
|
6 |
Over 80 000 000 000 to 120 000 000 000 |
6 000 000 |
8 000 000 |
|
7 |
Over 120 000 000 000 to 160 000 000 000 |
8 000 000 |
10 000 000 |
|
8 |
Over 160 000 000 000 to 200 000 000 000 |
10 000 000 |
12 000 000 |
|
9 |
Over 200 000 000 000 and above |
12 000 000 |
14 000 000 |
Article 8:
To request to register for Individual Trust Fund, trustor must pay for the administration fee and certificate fee as below:
Riel
|
N0 |
Fund Fee |
Administration Fee |
Yearly Fee on Certificate |
|
Individual Trust Fund |
|||
|
1 |
Under 800 000 000 |
1 000 000 |
2 000 000 |
|
2 |
From 800 000 000 to 4 000 000 000 |
2 000 000 |
4 000 000 |
|
3 |
Over 400 000 000 to 20 000 000 000 |
4 000 000 |
6 000 000 |
|
4 |
Over 20 000 000 000 to 40 000 000 000 |
6 000 000 |
8 000 000 |
|
5 |
Over 40 000 000 000 to 80 000 000 000 |
8 000 000 |
12 000 000 |
|
6 |
Over 80 000 000 000 to 120 000 000 000 |
12 000 000 |
16 000 000 |
|
7 |
Over 120 000 000 000 to 160 000 000 000 |
16 000 000 |
20 000 000 |
|
8 |
Over 160 000 000 000 to 200 000 000 000 |
20 000 000 |
24 000 000 |
|
9 |
Over 200 000 000 000 and above |
24 000 000 |
28 000 000 |
Article 9:
Trustor must pay for yearyl fee on certificate due to the yearly financial report before the end of May of each year.
Article 10:
Pre-approval policy request must pay for administration fee for 5 000 000 (five millions) riel.
Article 11:
Changing the purpose of Trust Fund or any changing which is related to file of Trust Fund or other files on registration of Trust Fund, must pay the fee of 5 000 000 (five millions) riel.
Article 12:
Administration Fee and Certificate Fee must to bank account of General Department of the Treasury at National Bank of Cambodia due to the subpoena of General Directorate of Financial Industry of Ministry of Economy and Finance.
Article 13:
For request for renewal the validation on Certificate of Trust Fund Registration, trustor must pay for the fee which is stated in article 6 article 7 and article 8 of this prakas.
Article 14:
Minister of Economy and Finance has the right to decide on free of charge on administration fee and/or yearly certificate fee which is stated in article 7 of this prakas for public trust fund and social trust fund by the requesting of trust officer of Ministry of Economy and Finance.
Chapter 3
Penalty
Article 15:
Trustor who is late to pay for yearly certificate fee which is stated in article 9 of this prakas, will be fined for 2 000 000 (two millions) riel and additional by 2(two) percentages on total amount of yearly certificate fee. If later than 30 (thirty) days, trustor must be fined for 2 000 000 (two millions) riel and additional by 25(twenty five) percentages on total amount of yearly certificate fee.
The cash which is earned from the fine, must pay to the bank account of General Directorate of Treasury at National Bank of Cambodia due to subpoena of General Directorate of Financial Industry.
Chapter 4
Final Provision
Article 16:
All provisions contrary to this prakas shall be abrogated.
Article 17:
Department Director, Chief of secretary, Government Delegator in charges as a Director of General Directorate of Financial Industry, Government Delegator or Director of all General Directorates, Secreatary of General Department of Secretary and chiefs from all relevant departments under the Ministry of Economy and Finance are in charge in effectively implementing the content of this prakas from the date of signing this on ward.
Phnom Penh, 30th September, 2019
Deputy Prime Minister
Minister of Economy and Finance
Akak Bandit Sapeacha Orun Porn Mony roth
Receivers:
- The council of Ministers
- Cabinet of Samdech Akka Moha Sena Padei Techo Prime Minister
- Cabinet of King his Excellency her Excellency Deputy Prime Minister
- All Provincial Capital Administration
- Same to Article 17
- Royal Degree
- Chronological Documents
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