EX-99.B(I)(10) 6 a15-24803_1ex99dbi10.htm EX-99.B(I)(10)

Exhibit 99.B(i)(10)

 

GRAPHIC

ROPES & GRAY LLP

PRUDENTIAL TOWER

800 BOYLSTON STREET

BOSTON, MA 02199

WWW.ROPESGRAY.COM

 

 

December 16, 2015

 

Voya Separate Portfolios Trust
7337 East Doubletree Ranch Road, Suite 100
Scottsdale, Arizona 85258

 

Ladies and Gentlemen:

 

This opinion is being furnished in connection with the Registration Statement on Form N-1A (the “Registration Statement”) being filed today by Voya Separate Portfolios Trust (the “Trust”) under the Securities Act of 1933, as amended (the “Act”), relating to the issuance of Class A shares and Class R6 shares of beneficial interest (together, the “Shares”) of the following Funds, each a series of the Trust (each a “Fund,” and collectively, the “Funds”):

 

Current Fund Name

 

Fund Name
(effective December 18, 2015)

Voya Retirement Solution Income Fund

 

Voya In-Retirement Fund

Voya Retirement Solution 2020 Fund

 

Voya Target Retirement 2020 Fund

Voya Retirement Solution 2025 Fund

 

Voya Target Retirement 2025 Fund

Voya Retirement Solution 2030 Fund

 

Voya Target Retirement 2030 Fund

Voya Retirement Solution 2035 Fund

 

Voya Target Retirement 2035 Fund

Voya Retirement Solution 2040 Fund

 

Voya Target Retirement 2040 Fund

Voya Retirement Solution 2045 Fund

 

Voya Target Retirement 2045 Fund

Voya Retirement Solution 2050 Fund

 

Voya Target Retirement 2050 Fund

Voya Retirement Solution 2055 Fund

 

Voya Target Retirement 2055 Fund

and Voya Retirement Solution 2060 Fund

 

Voya Target Retirement 2060 Fund

 



 

We are familiar with the actions taken by the Trustees of the Trust to authorize the issuance of the Shares.  In connection with this opinion, we have examined such certificates, documents, and records and have made such investigation of fact and such examination of law as we have deemed appropriate in order to enable us to render the opinion set forth herein.  In conducting such investigation, we have relied, without independent verification, upon certificates of officers of the Trust, public officials and other appropriate persons.  We assume that upon sale of the Shares by the Trust, the Trust will receive the net asset value thereof.

 

In rendering the opinion expressed herein, we have, with your approval, relied solely on the opinion, dated the date hereof, of Smith, Katzenstein & Jenkins LLP insofar as such opinion relates to the laws of the State of Delaware (subject to all of the assumptions and qualifications to which such opinion is subject), and we have made no independent examination of the laws of that jurisdiction.  We are providing a copy of that opinion together with this opinion, which is subject to the same assumptions as those set forth in the opinion of Smith, Katzenstein & Jenkins LLP.

 

Based upon and subject to the foregoing, we are of the opinion that the Trust is authorized to issue an unlimited number of Shares of each Fund, and that, when such Shares are issued and sold, they will be validly issued, fully paid and nonassessable by the Trust.

 

We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the references to our firm as legal counsel for the Trust in the Registration Statement.  This consent shall not constitute an acknowledgment that we are within the category of persons whose consent is required by Section 7 of the Securities Act of 1933, as amended, and the rules and regulations thereunder.

 

 

Very truly yours,

 

 

 

/s/ Ropes & Gray LLP

 

 

 

Ropes & Gray LLP