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On Amendments To The Federal Law "on Securities Market" And Some Other Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О рынке ценных бумаг" и некоторые другие законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "About the securities market" and some other legislative Acts of the Russian Federation Adopted by the State Duma on July 5, 2006 Approved by the Federation Council on July 14, 2006 (In the wording of federal laws 16.10.2006 N 160-FZ; dated 29.12.2012 N 282-FZ; dated 21.07.2014. N 218-FZ Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1918; 1999, N 28, sect. 3472; 2001, N 33, article 3424; 2002, N 52, sect. 5141; 2004, 27, sect. 2711; 2005, N 11, sect. 900; N 25, 100 2426; 2006, N 1, article 5; N 2, est. 172; N 17, est. 1780) the following changes: 1) fourth paragraph of fourth article 18 should be supplemented with the words " and, if, in accordance with this Federal Law, the release (additional issue) of emissive securities is not subject to the state Registration, the identification number and the date of its assignment "; 2), the first sentence of part six of article 26 should read as follows:" In case of recognition of the issue of the (additional issue) of the issue securities cancelled or invalid all security for this release (additional release) to be removed from circulation, and the funds received by the issuer from the release (s) of the issue (s) of the emissive securities found to be invalid or invalid should be returned to the owners. "; 3) Chapter 5 supplement article 27-5-2 as follows: " Article 27-5-2. { \cs6\f1\cf6\lang1024 } Issues and { \cs6\f1\cf6\lang1024 } { \b } The bond issue may be implemented without the state registration of their issue (s), the registration of the bond prospectus and the state registration of the report on the results of their release (additional release) at the same time The following conditions: 1) the placement of the bonds is done by open subscription to the stock market; (Overtaken by Federal Law dated 21.07.2014. N218-FZ ) 3) the bond issuer has been in existence for at least three years and has duly approved annual accounts for the two completed financial years; 4) the bonds do not provide them to their owners other rights, other than the right to receive the nominal value or the nominal value and a fixed percentage of the nominal value; 5) the period of performance of the bond obligations may not exceed one year from the date of commencement of their placement; 6) bonds are issued in a documentary form to bearer with mandatory centralized storage of their certificates in depositaries, carrying out transactions with securities that are made through a stock exchange that allows such bonds to be issued in the process placement, on the basis of a contract under which a bond is allowed to be traded and which consists of that stock exchange and (or) the clearing organization; 7) the payment of bonds at their location, as well as payment The nominal value and interest on the bonds are issued only in cash . 2. Bonds meeting the conditions specified in paragraph 1 of this article shall be called exchange bonds. (Spconsumed by Federal Law of 21.07.2014) N 218-FZ 4. The provisions of this Federal Act governing the issuance and circulation of securities are applicable to the issues related to the issuance and circulation of exchange bonds, taking into account the peculiarities set out in this article. 5. The limits imposed by federal laws relating to bond issues do not apply to the exchange bonds, except for the limitation on the issuance of bonds to full payment of the statutory capital of the society. The nominal value of all exchange bonds is not taken into account in determining the ratio of the nominal value of all public registration bonds issued by the society, with the size of the company's equity capital and (or) the value of the security. If, at the discretion of the issuer, the issuance (additional issue) of the exchange bonds is made with security, the provision is made taking into account the peculiarities set out in Articles 27-2, 27-4, 27-5 of this Federal Law. Stock bonds cannot be issued with collateral. 6. The stock bonds are allowed only on the stock exchange, which has carried out the listing of the issuer of such exchange bonds. Stock exchanges are allowed to be traded on the stock exchange during their placement and handling. Stock bonds in the process of placing them are allowed only on one stock exchange. In this case, the exchange bonds in the process of their circulation are allowed to be traded on the stock exchange on the basis of the procedure for admission to the bidding process in the process of their placement. The stock bonds in the process of their treatment may also be allowed on other stock exchanges, subject to the procedure for the admission of exchange bonds to the trading prescribed in paragraph 7 of this article. When listing exchange bonds on the Stock Exchange in the course of their treatment by the stock exchange without their placement, the depository performing transactions on securities transactions made through this fund The exchange, for the purpose of accounting for the rights to exchange bonds, must register as a nominal holder with the depositary, which is required to centrally store the stock of exchange bonds. (Spconsumed by Federal Law of 21.07.2014) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) N 218-FZ) 8. The notice of listing exchange bonds in the list of securities permitted to bid on the stock exchange in the process of their placement, as stipulated in article 9, paragraph 5, of this Federal Law, must specify the full trade name Issuer of stock exchange bonds, the date of their admission to the stock exchange, the identification number assigned to the issue (s) of the stock exchange's stock exchange bonds, the nominal value, the number of stock bonds and the price (the order of the stock exchange) Determination of the price) of the placement of the exchange bonds. 9. In case the exchange bonds are allowed to be traded on the stock exchange, their issuer, as well as the stock exchange, which has made the admission of exchange bonds to trade bonds, must ensure access to the information contained in the prospectus of exchange bonds, interested in such persons, regardless of the purpose of obtaining this information, and within seven days prior to the start date of the placement of the exchange bonds to disclose information on the admission of exchange bonds to the stock market trading in The procedure established by the rules on the admission of exchange bonds to the trades approved by the stock exchange . 10. The issuer of the exchange bonds is not entitled to make changes in the decision on the issue of the issue (additional issue) of the exchange bonds and (or) in the prospectus of the exchange bonds after the beginning of their placement. If changes are made to the issue of the issue (additional issue) of the exchange bonds and (or) in the prospectus of exchange bonds before the start of their placement, the issuer is obliged to disclose the information in the order and the terms to which it is disclosed. Information on the admission of stock exchange bonds on the stock exchange. 11. The placement of exchange securities admitted to the stock market may be suspended by the decision of the federal executive branch on the securities market or on the stock exchange's decision until the violations within the period of placement are fixed. of securities in detection of the following violations: 1) the violations by the issuer during the issuance of the exchange bonds of the Russian legislation; (2) finding in the documents on the basis of which the exchange bonds in The process of placing them in the stock market, unreliable information. 12. The renewal of the placement of the exchange bonds is carried out by the decision of the federal executive branch of the securities market, suspended the placement, and in the case of suspension of the placement of exchange bonds on the stock exchange-by the decision of this. stock exchange. After the reactivation of the stock bond, the term of the exchange bonds may be extended for the period of suspension of their placement on the decision of the federal executive branch of the securities market, suspended placement, and in the case of the suspension of the placement of exchange bonds on the stock exchange-by the decision of the stock exchange. In the event of the suspension and resumption of the placement of the stock exchange bonds, as well as the stock exchange's recognition of the issue (additional issue) of the exchange bonds cancelled by the stock exchange no later than the next day In accordance with the relevant decision, it shall notify the federal executive branch of the securities market in the manner prescribed by them. 13. The issuer is obliged to complete the placement of the exchange bonds within the time limit set by the decision on their issue (additional issue), but not later than one month from the date of the beginning of the placement of the exchange bonds. There is no need to report on the output (s) of the issue (s). No later than the following day after the end of the placement of the stock bonds, or not later than the following day after the last stock bond is placed, if all the exchange bonds of the issue (s) are placed before The stock exchange is obliged to disclose the results of the issue of the issue of the exchange bonds and to notify the federal executive authority of the securities market in the established order. The disclosures and the notification of the output (s) of the exchange bonds should contain the starting and ending dates of the placement of the exchange bonds, the actual price (s) of the placement of the exchange bonds, the nominal value, The amount of the nominal value and the number of stock bonds placed. 14. Until the expiry of the term of the placement of the exchange bonds, their issue (s) is recognized as having failed on the basis of a decision by the federal executive branch on the securities market or on the decision of the stock exchange in the following cases: (1) The sharing of shares of all categories and types of issuers of exchange bonds; (2) the failure of the issuer to suspend the placement of the exchange bonds during the period specified in the decision on Suspension of the placement of exchange bonds. 15. The conversion of exchange bonds to their full payment and completion of the placement is prohibited. Bourse may be traded only on the stock exchange. Owners of stock bonds are entitled to early repayment if all categories and types of issuer of stock bonds are excluded from the list of eligible securities on all stock exchanges that have carried out Tolerations in stock bonds. 16. In case of incomplete information contained in documents on the basis of which the exchange bonds were allowed by the stock exchange, the federal executive branch of the securities market has the right to suspend for a period of time up to one the stock exchange for the stock exchange of stock exchange bonds. "; 4) in the twelfth article 30: paragraph 6 should read: " on the procedures for issuing emissions securities, on the suspension and resumption of emissions of emissive securities The issue of the (additional issue) of the emissive securities is invalidated or invalid; "; , paragraph 9, to read as follows: " accrued and/or paid proceeds on issuers of the issuer; "; 5) (Spconsumed by Federal Law 16.10.2006) N 160-FZ) 6) to supplement paragraph 23 with the following: "23) establishes the register of the emissive securities and maintains the registry containing information on federal registered securities." by the executive branch of the securities market (additional issues) of emission securities, as well as on issues (additional issues) of securities not subject to this Federal Law or other Federal laws of State registration, with the exception of " (...) (...) Article 2 (Spconsumed away by Federal Law of December 29, 2012) N 282-FZ) Article 3 Article 33 (3) of the Federal Law of 26 December 1995 N 208-FZ " On joint-stock companies OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2001, N 33, article 3423; 2005, N 1, article 18; 2006, N 1, est. (5) The following changes: 1) the third paragraph should read: " The issue of bonds by society is permitted after full payment of its authorized capital. The bond should have a par value. The nominal value of all bonds issued by the society should not exceed the size of the statutory capital of the society and (or) the value of the security provided by third parties to society for this purpose. In the absence of collateral provided by third parties, the issuance of bonds is not permitted until the third year of the existence of the society and subject to the proper approval of the annual accounts for the two financially completed financial years. These restrictions are not applicable to the issuance of mortgage bonds and, in other cases, established by federal securities laws. "; 2), paragraph 7, shall be declared invalid. Article 4 Article 31 of the Federal Law of 8 February 1998 N 14-FZ "On Societies with Limited Liability" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 785; 2005, N 1, sect. (18) The following changes: 1), paragraph 2 should be redrafted to read: " 2. Issuer bonds are allowed after full payment of its authorized capital. (Paragraph is no-valid-Federal Law of December 29, 2012. N 282 (FZ) 2), paragraph 3 shall be declared invalid. Article 5 Paragraph 2 of Article 6 of the Federal Law of 5 March 1999 N 46-FZ " On the protection of rights and legitimate interests " (Russian Federation Law Assembly, 1999, N 10, Art. "In the case of transactions with securities, the issue of which is not subject to state registration in accordance with the requirements of federal laws, the identification number of such securities". Article 6 Paragraph 12 of article 1, paragraph 26, of the Federal Act of 7 August 2001 N 120-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3423), accept the replacement of the word in paragraph 7 as void. President of the Russian Federation Vladimir Putin Moscow, Kremlin 27 July 2006 N 138-FZ