Debates Parlamentares - Diário 046, p. 812 (1994-05-28)

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812

n SÉRIE-A — NÚMERO 46

article x of the Charter. This Agreement shall also terminate in the event that the Bank terminates the Administration Agreement under article 6, section 3, of that Agreement. The Donors Committee may decide to terminate this Agreement or any Facility, or the Small Enterprise Investment Fund, at any time by a vote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors.

Section 4 Winding up of Fund operations

a) On termination of this Agreement, the Donors Committee shall direct the Bank to make a distribution of assets to donors after all the liabilities of the Fund are discharged or provided for. Any such distribution of remaining assets shall be in proportion to contributions made by donors in cash or by encashment of notes or similar obligations under article 2, section 2. Balances remaining in any such notes or similar obligations shall be canceled.

b) On termination of any Facility or the Small Enterprise Investment Fund, and after all relevant liabilities are discharged or provided for, the Donors Committee, by a vote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors, may decide on the allocation or distribution of funds remaining in the Facility. Any distribution to donors shall be in the proportions referred to in paragraph a) above.

ARTICLE 6 General provisions

Section 1 Adherence to this Agreement

This Agreement may be signed by any prospective donor. Any such signatory may become a donor under this Agreement by depositing with the Bank an instrument of ratification, acceptance or approval, setting forth that it has ratified, accepted or approved this Agreement. Any member of the Bank not on schedule A may adhere to this Agreement by depositing an instrument of acceptance and an instrument of contribution in an amount, and on dates and conditions, approved by the Donors Committee, which shall reach decision by avote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors.

Section 2 Amendment

a) This Agreement may be amended by the Donors Committee, which shall reach decision by a vote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors. The approval of all donors shall be required for an amendment to this section, to the provisions of section 3 of this article which limit the liabilities of donors, or an amendment which increases the financial or other obligations of donors, or an amendment to article 5, section 3.

b) Notwithstanding the provisions of paragraph a) of this section, any amendment which increases the existing obligations of the donors under this Agreement or involves

new obligations of the donors shall take effect for each donor which has notified its acceptance in writing to the Bank.

Section 3 Limitations on liability

In the operations of the Fund, the financial liability of the Bank shall be limited to the resources and reserves (if any) of the Fund, and the liability of donors as donors shall be limited to the unpaid portion of their respective contributions that has become due and payable.

Section 4 Withdrawal

a) After full payment under a qualified or unqualified contribution, any donor may withdraw from this Agreement by delivering to the Bank at its principal office written notice of its intention to do so. Such withdrawal shall become finally effective on the date specified in the notice but in no event less than six months after the notice is delivered to the Bank. However, at any time before the withdrawal becomes finally effective, the donor may notify the Bank in writing of the cancellation of its notice of intention to withdraw.

b) When a donor has withdrawn from this Agreement, it shall remain liable for all its obligations under this Agreement which shall have been in effect before the effective date of its notice of withdrawal.

c) Arrangements for settling respective claims and obligations, entered into by the Bank and a donor pursuant to article 7, section 7, of the Administration Agreement, shall be subject to approval by the Donors Committee.

In witness whereof, each of the prospective donors, each acting through its authorized representative, has signed this Agreement.

Done at Washington, district of Columbia, on \\ February 1992, in a single original, whose English, French, Portuguese and Spanish texts are equally authentic, which shall be deposited in the archives of the Bank which shall transmit a duly certified copy to each of the prospective donors listed in schedule A of this Agreement.

SCHEDULE A

Contribution quotas of donors to the Multilateral Investment Fund

"VER DIÁRIO ORIGINAL"

812n SÉRIE-A — NÚMERO 46article x of the Charter. This Agreement shall also terminate in the event that the Bank terminates the Administration Agreement under article 6, section 3, of that Agreement. The Donors Committee may decide to terminate this Agreement or any Facility, or the Small Enterprise Investment Fund, at any time by a vote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors.Section 4 Winding up of Fund operationsa) On termination of this Agreement, the Donors Committee shall direct the Bank to make a distribution of assets to donors after all the liabilities of the Fund are discharged or provided for. Any such distribution of remaining assets shall be in proportion to contributions made by donors in cash or by encashment of notes or similar obligations under article 2, section 2. Balances remaining in any such notes or similar obligations shall be canceled.b) On termination of any Facility or the Small Enterprise Investment Fund, and after all relevant liabilities are discharged or provided for, the Donors Committee, by a vote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors, may decide on the allocation or distribution of funds remaining in the Facility. Any distribution to donors shall be in the proportions referred to in paragraph a) above.ARTICLE 6 General provisionsSection 1 Adherence to this AgreementThis Agreement may be signed by any prospective donor. Any such signatory may become a donor under this Agreement by depositing with the Bank an instrument of ratification, acceptance or approval, setting forth that it has ratified, accepted or approved this Agreement. Any member of the Bank not on schedule A may adhere to this Agreement by depositing an instrument of acceptance and an instrument of contribution in an amount, and on dates and conditions, approved by the Donors Committee, which shall reach decision by avote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors.Section 2 Amendmenta) This Agreement may be amended by the Donors Committee, which shall reach decision by a vote of at least two-thirds of the donors representing not less than three-quarters of the total voting power of the donors. The approval of all donors shall be required for an amendment to this section, to the provisions of section 3 of this article which limit the liabilities of donors, or an amendment which increases the financial or other obligations of donors, or an amendment to article 5, section 3.b) Notwithstanding the provisions of paragraph a) of this section, any amendment which increases the existing obligations of the donors under this Agreement or involvesnew obligations of the donors shall take effect for each donor which has notified its acceptance in writing to the Bank.Section 3 Limitations on liabilityIn the operations of the Fund, the financial liability of the Bank shall be limited to the resources and reserves (if any) of the Fund, and the liability of donors as donors shall be limited to the unpaid portion of their respective contributions that has become due and payable.Section 4 Withdrawala) After full payment under a qualified or unqualified contribution, any donor may withdraw from this Agreement by delivering to the Bank at its principal office written notice of its intention to do so. Such withdrawal shall become finally effective on the date specified in the notice but in no event less than six months after the notice is delivered to the Bank. However, at any time before the withdrawal becomes finally effective, the donor may notify the Bank in writing of the cancellation of its notice of intention to withdraw.b) When a donor has withdrawn from this Agreement, it shall remain liable for all its obligations under this Agreement which shall have been in effect before the effective date of its notice of withdrawal.c) Arrangements for settling respective claims and obligations, entered into by the Bank and a donor pursuant to article 7, section 7, of the Administration Agreement, shall be subject to approval by the Donors Committee.In witness whereof, each of the prospective donors, each acting through its authorized representative, has signed this Agreement.Done at Washington, district of Columbia, on \\ February 1992, in a single original, whose English, French, Portuguese and Spanish texts are equally authentic, which shall be deposited in the archives of the Bank which shall transmit a duly certified copy to each of the prospective donors listed in schedule A of this Agreement.SCHEDULE AContribution quotas of donors to the Multilateral Investment Fund"VER DIÁRIO ORIGINAL"

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