Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About tendering
Adopted by the State Duma 2 November 2011
Approved by the Federation Council November 9, 2011
(reed. Federal Act of 29 December 2012 N 282-FZ-
Russian legislation collection, 2012, N 53, st.
7607; of the Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian Federation, 2013, N 30, st. 4084;
Federal Law of 21 December N 379-FZ-Assembly
Russian Federation Federation, 2013, N 51, st. 6699;
Federal Law of June 2015 N 210-FZ - Collection
Russian Federation legislation, 2015, N 27, st. 4001;
Federal Law of July 2015 N 231-FZ -Collection
Russian Federation legislation, 2015, N 29, st. 4357;
Federal Law 30 December 2015 N 427-FZ-Assembly
Russian legislation, 2015, N, st. ; Federal
the law of December 30, 2015. N 428-FZ-Legislative Assembly
Russian Federation, 2015, N, st. )
Chapter 1: General provisions
Article 1: Scope of this Federal Law
1. The Federal regulates the relationship,
emerging on organized trading on the commodity and (or) financial
markets, sets requirements for organizers and participants
trading, determines the basis of state regulation of the said
activities and monitoring of its implementation.
2. This Federal Law does not apply to
for relationships that arise during contract formation
trading in the auction of the
Russian legislation, and
wholesale market (power)
Fed by the Law of March 26 2003 N 35-FZ
"About Electricity".
Article 2: Key Concepts Used in this
Federal Law
1. The Federal
Key Concepts:
1) Stock trades-organized trading conducted by the exchange;
2) Internal control control control
license compliance stock exchange or system trade requirements Federal requirements laws and adopted in s s
rules of organized trading, as well as articles of association and
other documents of the trade organizer (ed. Federal Law
dated July 23, 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084);
3) request-clause and (or) accept offering
one or more contracts on organized trading;
4) control or
indirectly (
membership in a controlled organization and (or) based on treaties
trust Property, , and (or) of the simple
partnership, and (or) instructions, and (or) stock agreement, and
(or) other agreement of which implementation
rights, of certified shares (shares) of the control entity
50 percent in the
controlor authority to (select)
single executive and (or) more than 50% of the composition
collegied control collegie;
5) market maker -
contract, one of which is the trade organizer,
receives for obligations on prices, demand,
and trading (or) tools
foreign currency and (or) by on conditions,
such a contract;
6
Commodity and (or) financialorganized
markets based on an exchange license or a trading system license;
7) organized - -bargaining for on the regular
based on a set tolerance policy
to bid for their sales contracts
products, valuable papers, foreign currencies,
contracts that are derived financial instruments;
8 -controlled
legal person under direct or indirect control
controlling person;
9) Product - not checked out from turnover (except valuable
paper, foreign currency) of a specific kind and quality, of any
aggregate state approved;
10 Participant In
tendering;
11) financial organization-professional market participant
valuable papers, clearing organization, control company
investment fund, investment of and
non-state fund, specialized
Investment Fund Depository, of the mutual investment fund and
non-state pension fund, equity investment
foundation, credit organization, insurance organization,
Non-State pension fund, trade organizer.
2. The terms "central counterparty", "clearing broker",
" supplies and" clearing rules " are used in
true Federal Law in Value, By Federal
Law From 7 February 2011 N 7-FZ " About Clearing and Clearing
activities
activity .
Article 3: Treaty on the Provision of Services for the Implementation of the
Biders 1. By Agreement on Services for Organized trade organizer undertakes to comply with the rules regularly (systematically) provide services organized trades, bidders
specified services. Charges In Cases, federal laws. 2. Conclusion service
tenders -Accession to
specified contract, of condition rules
tendering.
3. Trade Organizer has the right to refuse
Services for Organized Tender Services
of the trading
requirements, of rules for
bidders. On this compensation, related damages
A failure to trade in the bidder is not carried out.
Article 4: Rules of Organized Tenders
1. Trade Organizer has the right to conduct organized trading
subject to registration of organized trading rules in Central
Bank of the Russian Federation (further - Bank of of the Russian Federation)
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
2. Trade Organizer has the right to conduct organized
(stock) sections based on groups (categories) bidders, and (or) types of contracts, and (or) Items in contracts contracts, and (or)
grounds, set by organized rules. In
case trade organizer to approve individual rules
organized tenders for each trading (stock) section.
3. The rules of tendering should contain:
1) Requirements for bidders;
2 requirements for and passways
bidders;
3) Specify the time or order of the time to be spent
trading;
4) Order of persons to participate in organized trading;
5) (or)
(or)foreign currency to trades;
6) the grounds and order of origin, suspension, or termination
concluding contracts, that are derivatives
tools, of the repo treaties (to the red. Federal Law
December 2013 N 379-FZ-Legislative Assembly of Russian
Federation, 2013, N 51, art. 6699);
7) of the listing rule (sensitivity) of the security;
8) Order and Order Conditions, Volume Requests, in
which specifies a clearing broker;
9
including topics that this mapping is defined, , and
how to commit a match;
10) Name Clearing of the organization if
organised trading is performed by clearing;
11) the
trading is done without central counterparty and (or) with the Central of the counterparty, and the name of the person { \cs6\f1\cf6\lang1024}Central Counterparty Function; 12) order in arranged contracts, in Volume Contracts with Central Counterparty; 13) specifying on the consequences of submitting applications and concluding contracts at organized trades in violation of rules of organized trading, in (or) software tools, in
information and communication links, with
organised trading;
14 Specify and order of suspending, termination, and
renewed organized trading;
15) requirements for market makers and the order of implementation
their and duties, if functions
responsibilities Market Maker provides rules
tendering;
16) different positions in matches with this Federal
law.
4. Those in paragraphs 5 to 7 of Part 3 of this Article of the Regulation
included in organized tenders if
trading implements or intends to implement organized trading
commodities, securities, foreign currency, and
contracts
derived financial tools.
5. Organized tendering rules can be contained in one or
several documents of the trade organizer.
6. Tender Rules can contain
Federal locations, not
conflicting Federal Law and Regulations
The Bank of Russia (to the red). The Federal Act of of July N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
7. In accordance with the rules of organized tendering,
may include other contracts, not specified in paragraph 7 of the Part
Article 2 of this Federal Law.
8. one-way trade
make changes to the rules for organized trading.
9. The rules for trading and changes made to them
must be registered with the Bank of Russia. Federal Act of
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, st. 4084).
10. Rules of Organized Tendering and Changes
in no earlier than five days after the drill-down
-
Federal Law, if no other period of entry into force is defined
trade organizer for Federal
law. Changes in biddled -related
exception to these clauses of theagreement
or modification of an arbitration court, does not come into force earlier than
three months after disclosure of this according to
Article 22 of this Federal Law.
11. Trade Organizers
organized trades, on which contracts that are
derived financial tools mustapprove
BOM of these conventions
Bank of Russia regulations. Specified contract specifications, a
changes must also be registered with the Bank
Russia Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084).
12. Organized trading rules can be
cases, when treaties <
prisoners as a result of failures and (or)
software tools, in
information and communication tools links with
provides organized bidding.
Chapter 2: Trade organizers. Biders
Article 5: Trade Organizer
1. Trade Organizer can only be economic
company, created by law
Federation.
2. Person who does not have license or Trade
systems are not allowed to perform organized trading.
3. Trade Organizer has no right to engage in production,
trading and activity activity credit
organizations, activity in the registry of owners
papers, activities on management equity investment
funds, equity investment and non-state funds
pension funds, activities of specialized depositaries
investment funds, investment funds and
non-State funds, shareholdings
investment funds, activities of non-State pension
pension and pension insurance funds.
4. Trade Organizer has the right to be the central
counterparty.
5. The Trade Organizer
organizing with other activities, must create for
one organized bidding activity
or several individual organizational units.
6. The Trade Organizer
Other Other Activities
must take steps to prevent and resolve conflicts
interests, of the trade organizer
merge. If conflict of trade organizer
activity of organized trading
other activities, of which bidders or
{ \cs6\f1\cf6\lang1024}Central Counterparty functionality{ \cs6\f1\cf6\lang1024
}
advance, resulted in actions of the trade organizer,
or Features
Central counterparty, trade organizer at his own expense
compensate losses in order, civilian
Russian legislation.
7. Trade Organizer is obliged to exercise control:
1) compliance bidders
rules
members and other persons of the specified rules;
2 biddled
commodities, securities and their issuers (obligations) requirements
arranged rules for organized trading;
3) for the issuer and other persons to comply with the contract terms,
Thebase of which the security was allowed to be organized
tendering;
4) operations performed at organized trades in
cases, installed by federal laws
compliance with them by Bank of Russia regulations, including in
preventing, and of the Suppression }
using insider and (or)
market (reed. Federal Law of 23 July 2013 N 251-FZ- Russian legislation collection, 2013, N 30, st. 4084). 8. control control to the right run checks, referrals
Russia, Request from bidders and Issuers
required documents (including those received by the bidder from its client), explanations, written or oral information (Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly Russian legislation, 2013, N 30, sect. 4084). 9. Trade Organizer is required to
consolidated financial accountability in
Federal Act of July 27, 2010 N 208-FZ
About consolidated financial statements.
10. The report
annual (financial) reporting, also
consolidated financial statements.
11. Annual Accounting (Financial) Reporting by Organizer
trade,
consolidated financialmust be audited.
12. Trade Organizer must
and documents bound with
organized trading, and daily backup of such
information and documents in with requirements
installed normative by the Bank of the (in Ed.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
13. Trade Organizer must provide
Russia Documents and Information
form with electronic signature in format, order and time frames
have been set by Bank of Russia regulations. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
14. Trade Organizer is required to maintain a registry of bidders
and their clients, application registry, and registry of prisoners in organized
bargaining according to Bank of Russia regulations
(Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
15. The Trade Organizer has the right to insure the risk of
responsibility before bidders for , or
improper performance of its obligations.
16. Trade Organizer must approve an internal document
o corporate
requirements set by a normative by the Bank of the Russian Federation.
Specified The document is approved by the Board of Directors (observatory
tip) trade (Part 16 Federal
Law of June 29, 2015 N 210-FZ-Legislative Assembly
Russian Federation, 2015, N 27, est. 4001).
Article 6: Requirements for controls and employees
Organizer
1. Person Implementing Single Executive
organ, members of directors (supervisory board) and members
collegiation of the body's provider
branch manager, chief accountant, other official,
for which accounting accounting
person, responsible for risk management
(Head of Separate Structural Unit, Responsible
for risk management , Service Manager
Internal Audit, Controllers ( Internal
control), head of the organizational unit created for
{ \cs6\f1\cf6\lang1024
}
must have higher education and other requirements,
Theenvisaged by this Federal Law (under the law). Federal
Law of 29 June 2015 N 210-FZ-Legislative Assembly
Russian Federation, 2015, N 27, est. 4001).
2. Persons specified in Part 1 of this Article, except
accountant's
holds accounting, must match
The Bank of Russia's requirements for professional experience and
qualifying requirements, in number of on-hand requirements
qualifying
organized trading (to Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, article 4084).
3. Trade Organizer
(review board) to be responsible for:
1) Approve Rules of Organized Tendering;
2)
tendering;
3) Approval of documents, defining the order of the organization and
internal audit and of the system
risk management of trade organizer, manager approval
internal audit, workplan assertion
internal auditor, internal on corporate
control of the trade organizer (in the red. Federal Act of 29
June 2015 N 210-FZ - Collection
Federation, 2015, N 27, art. 4001); 4) Assertion on the exchange board (section board) and composition of this board; 5) Approval of of the document that defines measures event organiser and directed
Continuity of Implementation
tendering;
5-1) election of the sole organizer authority
{ { see also | Federal Law of June 29, 2015 } } N
210-FZ -Russian Law Assembly, 2015,
27, art. 4001);
5-2) electing members of the executive body
trade organizer (item 5-2 introduced by Federal Law
June 2015 N 210-FZ - Collection
Federation, 2015, N 27, art. 4001); 6) other issues, for this Federal in
(Supervisory Board) of the bid organizer.
4. Trade Organizer must have collegiate
Theexecutive body.
5. has no power to delegate to
single of the person's
control organization). 6. Faces, specified in of Part 1 of this article, cannot to be (in the red. Federal Law of June 29, 2015. N 210-FZ- The legislation of the Russian Federation, 2015, N 27, st. 4001): 1) persons who have the function alone
executive body, included in composition of
executive body or service manager internal control (controller) of financial organizations in committing these organizations for for which they had
invalidated licenses for implementation
activity, or violations that have been suspended
the specified licenses and the specified licenses were revoked
(withdrawn) due to these violations, if from the day
such a cancellation has been less than three years or if
specified persons have legal judgments that have entered into force,
facts of committing to
at bankruptcy, premeditated and (or) bogus bankruptcy; 2) persons who have not expired during they are considered to be punished by
disqualification;
3) of the person for crimes in in
economic activity or crimes against state
authority;
4) persons whose qualifications have been revoked
federal executive
financial markets, Bank of Russia, if from the day of such cancellation
has been less than three years. Federal Act of June 29,
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N27, st. 4001).
7. Internal control (Controller)
can
function of the sole executive body of the trade organizer
or The organizational unit of the
organized trading activity.
8. If you decide to suspend or premater
termination of the authority's
{ \cs6\f1\cf6\lang1024
}
}
decision to accept temporary single-person
executive or of the new Single
organ. of this function of the interim sole executive
organ can only be executed by a person that is the state
trade organizer or a member of his board
(tip board or The
executive of the body. The person of the function of the interim
single executive organ of the trade organizer
meet the requirements of parts 1 and 2 of this article.
9. Election (destination) of the function
single executive organ, number election
(destination) for more than one month Single
executive body, member of executive board
trade organizer, internal control
(comptroller), of person for organization
risk management system ( of the individual structure
organizational units, responsible for the management system
risks) of the trade organizer
structural organizational unit for implementation
tendering
(inCombine Organized Tendering Activities
activities) allowed with Bank prior approval
Russian (to the red. Federal Law of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084; of the Federal Act of June 29, 2015. N 210-FZ-Assembly
Russian legislation, 2015, 4001).
10. Trade Organizer is required to send to
written form in Russia
(destination) of the person . Specified notification must contain information, supporting compliance
requirements, set by 1, 2 and 6 of this article.
Requirements for order and the presentation of the specified notification
defined by by the normative of the Bank of of the Russian Federation. Bank of Russia in
10 working days from the day of receipt of the specified notification
gives in a written permission to choose (destination)
corresponding for title or rejection of his election
(destination).
candidate requirements, parts 1, 2, and 6 of this
Articles, or in include in incomplete or
false information (in the red. Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, article 4084).
11. If the Bank of Russia was previously given consent to election
(appointment) of candidate for position specified in Part 9 of this
Articles, consent of the Bank of the Russian election of (destination)
candidate for does not require the same post. Trade Organizer in
this case is required to send notification, given in
true article Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
12. The Trade Organizer is obliged to notify in writing
Bank of Russia s branch manager
accountant's or organizer
trade, assigned to accounting, not
later than five days the day of the corresponding decision.
Trade Organizer and terms that
provided for this part, Notify the Bank of Russia of
which is vested with the Single Executive Body in
period of less than one month (to the red. The Federal Law of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
13. The Trade Organizer is obliged to notify in writing
Bank of Russia to be released from office specified in Part 1
real articles, Later working days, next in the day
to make such a decision. Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, article 4084).
14. Trade Organizer is required to send to
writing to the Bank of Russia on the election of members
Board of directors (supervisory board) and peer members
executive organ of trade organizer within three days
days to make the appropriate decision. Federal Law
dated July 23, 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, st. 4084).
Article 7. Requirements for founders (participants)
Organizer
1. or or
s or together with
faces bound
property, , and (or) a simple partnership, , and (or) instructions, , and
(or) Joint Stock Agreement, , and (or) Other Agreement, Item
which is implementation of rights, -certified shares
(shares) of the trade organizer, manage 5% and more
votes, shares (shares), parts
authorized capital of trade organizer cannot be:
1) a legal person, registered in States, or
territories providing preferential tax treatment and (or)
providing disclosures and for
Financial Transactions (Offshore Zones), List
approved by Ministry of Finance of the Russian Federation;
2) a legal person
(revoked) license for the appropriate
Financial organization activity;
3) the physical person specified in Part 6 of Article 6 of the present
Federal law.
2. Person, specified in the first paragraph of Part 1 of this Article,
to send notification to trade organizer and Bank of Russia
in order and the time frames are set by Bank Stats
Russia Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084):
1) { }
{ \field { \field { \field { \field { \field
}
and more percent shares
(shares) that make up the authorized capital of the trade organizer;
2) to change the voting share for voting shares
(shares) that make up the charter capital of the trade organizer and
which it has the right to dispose of, more than in
decrease of less than 5 percent-regardless
number of alienated voting voting (shares);
3) (nonconformance) requirements
Theset part 1 of this article.
3. If notification of Part 2 of this
Articles, returned from or from
notification should, that has a right, directly or indirectly,
order 5 and more percent
voting shares (shares) that make up the organizer's capital
trade, does not meet the requirements,
real articles, specified person has the right to dispose of the quantity
votes, not greater than 5 percent
voting shares (shares) that make up the organizer's capital
trade. For this, the (shares) This
face, for meeting of the meeting's
The shareholders (participants) of the trade organizer are not accounted for. 4. no notification
Part 2 of this article is required to send to the Bank
TheRussian message about this (on the red. Federal Act of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
5. The provisions of this article do not apply to syndication
The Bank of Russia on contracts of repo concluded in accordance with
Federal Act of 10 July 2002 N 86-FZ Central
Russian Federation (Bank of Russia) " (Part 5 )
Federal Act of 30 December 2015 428-FZ -Collection
Russian legislation, 2015, N, st. ).
Article 8: Native Tool Requirements
Trade and Other Mandatory Standards
1. Minimal size of your own person's provider
organized trading and (or)
financial markets based on an exchange's license should not be
less than 100 million roubles, the service provider
and(or) financial markets
system trade 50
. The trade organizer of your trade organizer
match requirements, set by the Bank of Russia
taking into account activities that combine activities
organized tenders (reds) Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, st. 4084).
2. Trade Organizer Must
comply with the standardsliquidity, equity requirements, value
and the methodology for determining which is set by the Bank of Russia (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
Article 9: Exchange
1. The Exchange is the trade organizer has a license
stock exchanges.
2. The exchange may be limited to a joint-stock company.
3. The stock exchange should contain
stock exchange. Using the word "stock exchange", derived from it
with in its own brand name and (or) in advertising
corresponding organizations in name and (or) in
federal laws.
4. Provide tendering services
which are Treaties, Derived Financial
tools, is executed by exchanges, for exceptions
Article 12, paragraph 4, of this Federal Act.5. In addition to restrictions, 5
Federal Law, The exchange cannot combine its activities with
brokerbox, dealer and by the depositary activity,
securities management.
Article 10: Security Council
1. Exchange must create a stock-exchange board and/or council of the section
every trading (stock) section. Stock Exchange Council
must from the day of the receipt
License of the exchange. The Stock tip (the board of the section)
approved by the stock exchange board and must contain requirements
to members of the tip ( of the section),
Quantity and order of decisions.
2. Stock ( board is formed by the board
directors in the order of the candidates,
proposed by the bidders and the stock exchange, for the deadline
board of directors, which cannot be more than two years old. Not
less than 75% of the stock board (section board)
make trading (trading
(stock) section). In the stock exchange board ( of the section)
may include s or
Legal and legal service contracts for services the exchange. In
( of the section) cannot include more than one representative
one legal entity.
3. Stock ( board reviews and accepts
recommendations to the Exchange Commissioner for:
1) changes
trading;
2 rules for changes
exclude changes that are required in
force of requirements of federal laws and accepted according to
These are the Bank of Russia regulations. Federal Act of23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084);
3) Changing the Clearing Organization
obligations from contracts concluded at organized trades, for
exception (invalidation) clearing
license organization, introduction to the clearing organization
bankruptcy, clearance failure
commitments clearing without
laws and regulatory enactments (to the red. Federal Law of 23 July d N 251-FZ - Collection Russian legislation, 2013, N 30, art. 4084); 4) Changes in the legal of the person of the function Central of the counterparty, for feedback (Cancellations) of such a legal person of the Bank of Russia's license banking operations, termination
specified obligations for contracts, to be entered into
tenders
bankruptcy, if legal
Counterpart
to comply with article 5 (2) of the Federal Law "O"
clearing and clearing activities. Federal Act of the Russian Federation
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, art. 4084);
5) on other issues listed in the exchange documents.
4. Stock ( to the right to give to
exchange guidance on issues of Part 3
this article, with respect to the activity of the appropriate product
(stock) section.
5. If the exchange board ( of the section) recommended (not
approved s
Part 3 of this article, such decisions come into effect not before
than three months from the day when the corresponding changes were made.
Article 11. Exchange of Ex-Stock Exchange Exchanges
1. In cases, order, the length and time of the s installed
Russian Federation Federation
{ \cs6\f1\cf6\lang1024
}
must provide information about the prisoners they do not
organized deals on contracts
implies ownership of goods, approved
organized trading (hereafter referred to as over-the-counter contracts).
2. and order,
legal governments Russian Federation Stock Exchange,
organized
contracts for the sale of a product, must maintain the registry
over-the-counter contracts. Order of Maintenance of the Register, Order
and the frequency of information from of the registry is defined
OF THE PRESIDENT OF THE RUSSIAN FEDERATION
Article 12: Trading System
1. The trading system is the trade organizer, that has
trading system license.
2. The trade name of the system must contain
' or ' trade organizer ' in
any of the same. Using the phrase "trading system" or
'trade organizer', derived words and combinations with them
in their company name and/or in advertising other
is allowed. This prohibition does not apply to commercial
Operator of the Wholese and power market
defined in By Law
{ Energy } . Federal Act of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
3. The system is not entitled to perform actions and render
service, which according to Federal
other federal laws in with them
regulatory acts can be performed (provided) only
(Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
4. The Bank of Russia can be provided with normative acts of the Bank of Russia
cases, when organized
individual treaties
derivative financial instruments, may be trade
system (Ind. Federal Law of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084).
5. In addition to restrictions, 5
Federal Law,
activities with clearing activities may not combine
with brokerability, dealer and depositary activity
Securities Market
papers. Article 13: Indexes and other indicators to be calculated Organizer 1. Trade Organizer
normative acts of the Bank of Russia, calculate prices, indexes and other
metrics based on treaties, prisoners
bids, and (or) other information. Order and dates
given metrics are defined by normative
Bank of Russia, also methods, approved by the organizers
{ trade } Federal Law of 23 July 2013 N 251-FZ-
The legislation of the Russian Federation, 2013, N 30, st.
4084).
2. In cases, of the federal laws and (or)
Bank Regulations of Russia, Calculation of
prices, indexes, and other metrics to be traded
registering with the Bank of Russia in ( Ed.
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
3. in Part 1
Articles, trading to use information
received in and (or) results of organized
tendering, information
federal law or treaty has the right to use it, a
also has the right to use public information, including
information, exposed in with federal laws and
passed in them (in .
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
4. Trade Organizer
state power, and the Bank of Russia for implementation
's information
containing values and/or order and of the estimate
specified in Part 1 of this article.
Article 14. Internal audit and internal audit
Organizer
1. The Trade Organizer must organize and
internal audit and internal audit.
2. For and Internal Control
{ { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024
} the
{ \cs6\f1\cf6\lang1024
} must assign the
individual organizational unit (internal control).
Controller (Internal Audit Manager) is assigned to
post and exempt from the Executive
The organizer of the trade organizer. Controller
internal control
organ of the trade organizer.
3. For , Internal audit
trade organizer is required to assign auditor or
form a separate organizational unit (service
internal audit). Internal auditor
internal audit is assigned to and is released
(tip board board of
Internal auditor ( Internal audit
is accountable to the board of directors (supervisory board).
4. Internal control order
audit set internal byOrganizer
trade under with Bank s requirements
Russia.
(Article 14 in . Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
Article 15. Measures to reduce risks and
prevention of conflicts of interest
1. Trade Organizer must organize a management system
risks associated with tendering organization and implementation
operations with own property (continued risk management)
which must match the nature of the operations they perform,
contain a risk monitoring system, that provides timely
bring the necessary information to controls
Thetrade organizer. Management System Requirements
risks of are set by the Bank of Russia. Federal Law
dated July 23, 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, st. 4084).
2. The trade organizer must accept
(documents) measures, risk reduction
trade organizer, including the risks of combining
staged trading
activity. Also in this ( documents) must
containing business continuity
software, for implementation
organized trading activities.
3. The trade organizer must accept
(documents) measures, to to prevent
conflicts of interest in organized trading.
4. Requirements for Trade Organizer Documents that define
measures, aimed at risk reduction and preventing conflict
interests are set by regulatory acts of the Bank of Russia.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
5. Trade Organizer must approve
determinative of the trade organizer
emergencies and directed to ensure the continuity
to carry out trading activities.
Article 16. Biders
1. participation in organized securities trading may
to be authorized dealers, managers, and brokers who have a license
professional control
company investment funds, investment funds,
non-State funds, Central counterparty,
is also the Bank of Russia.
2. in
individual entrepreneurs and legal
created in accordance with the legislation of the Russian Federation.
However, if the bidder works in and for
other person, such a participant can be a broker with a license
professional market participant central
counterparty or included by by the organizer of the trade in the list
bargaining agents acting for and at the expense of others
faces. Conditions and order of include
list, as well as and order of of this list
is installed by the trade organizer.
3. To participate in foreign currency trading, may
be organizations, eligible for
Bank Bank of Russia Operation
in foreign foreign currency, Central Counterparty, Bank
Russia, and other legal entities that have the right to execute
A sale of foreign currency due to federal law. If
contracts for foreign currency sales at organized trades
enclose the with the Central Counterparty, of the
bank, may be allowed to participate in these organized trades
other legal entities created by law
Russian Federation.
4. Participation in organized trades, in which
contracts that are derived financial tools can
be Bank of Russia, Central Counterparty, Managers
company investment funds, investment funds,
non-State pension funds, and dealers, managers
brokers, that have a professional market participant's license
valuable papers, in number brokers, licenses to
conclusion only
contracts, of derivatives tools
Theunderlying asset of which is a commodity. To participate in organized
trading, on which contracts are, derivatives
financial tools of which the product is a basic asset,
may
matches with Russian Federation law, if
contracts for their account, to in organized
trading, on which are contracts, that are derived
financial instruments whose base asset is a currency
and (or) interest rates, can also be allowed
organizations, acting on their behalf and for their account (in
Federal Law of 29 December 2012 N 282-FZ
Russian legislation, 2012, N 53, sect. 7607).
5. in
foreign legal entities, performing functions, similar
Central of the counterparty, , and included in list,
approved by the Bank of . When enabling
legal person in the Bank of Russia can be installed
(in
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
6. s rules can be defined
various (category)
different requirements for such bidders, and
rights of and the obligations of such bidders. On this requirement,
for one group (categories), rights, and
Theresponsibilities of such participants must be the same.
7. If is provided by by the client,
trading is entitled to be a commercial representative at the same time
parties to a contract concluded in organized trading, including
non-entrepreneurs.
Chapter 3: Organized tendering
Article 17. Bids filed at organized trades
1. Content of applications from organized trades, , and
order and recall order is defined by rules
tendering.
2. The rules of organized trading may be established that
bids can be used
electronic signatures, handwritten signatures, codes, passwords
and other means, that is
Thedelegate to this person. In this case the order of usage
signatures, signatures, codes,
passwords and different identities must be defined
rules or contract rules.
3. A bid has the right to withdraw the request, submitted
deals organized in Cases and Order
rules of organized trading. In this case, contracts entered into
Thegrounds for such an application, pending its withdrawal, remain valid.
4. Trade Organizer has the right to refuse registration of a filed
in bids or cancel (remove)
registered application in cases and order, that are installed
Regulatory Acts of the Bank of Russia and (or) Rules of Organized
tendering (Ind. Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084).
Article 18. Conclusion of the contract at organized trades
1. If is not otherwise provided by this Federal Law,
contract on organized trading is on
registered multidirectional applications, full or partial
correspondence to a friend fixed in
registry of contracts by the trade organizer in order, defined
Therules of tendering. this
claims are applications, that contain counterparties to each other
A friend of the will to conclude the contract.
2. If is not otherwise provided by this Federal Law,
a contract is considered a organized in
fixation by the line of the trade
friend's friend by
Thecorresponding contract in the contract registry. In this compilation
one of the document, signed by the parties
Thesimple, written form of the contract is considered to be met.
3. In cases of the rules of organized trades
and (or) rules of clearing, arranged trading contract, in volume
number of contracts with central counterparty, can be without
requisitions. The specified is considered a prisoner at the time
defined trading rules by recording
o of the contract in the treaty registry. In this compilation
one of the document, signed by the parties
Thesimple, written form of the contract is considered to be met.
4. The contract, of the contract on organized trading,
must be contained in applications, rules organized bids, and
(or) specs, , and (or) of the clearing rules
appropriate organization or to determine in
matches the specified documents, and in cases provided
rules of organized tendering, can be in examples
contracts, approved self-regulating organization
Professional Market Participants and Registered
in the Bank of the Russian Federation Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
5. Trade Organizer
prisoners in organized trading, , and provide excerpt from
registry treaties
The Bank of Russia's normative acts (to the red of the Russian Federation). Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, st. 4084).
6. The conclusion of the contract in the organized trades is confirmed
statement of s organized
stendering.
7. Parties may not to change or to terminate
even though would be one of the requests,
unlimited bidders, for
provided by rules for organized trading and/or rules
clearing for such liabilities.
8. By obligations, arising from treaties, prisoners
base at least one of requests, to
The circle of bidders should be in the clearing.
9. The obligations, of the contract, of which
is one and or one
clearing broker, no match of and
creditor in one person, if these obligations are executed by
different customers of the bidder or for different members
tendering.
Article 19. Features of the conclusion at organized trades
contracts with the Central Counterparty
1. Unless otherwise provided by the Federal by law,
Central counterparty concludes the contract with each participant
tendering, conformance with handheld requisitions
friend is set by for the organizer.
submission of a central counterparty is not required, and every from
specified treaties are considered in commit
bid organizer
record of concluding contracts with a central counterparty to the registry
contracts.
1-1. In s
organizedtrades, central counterparty, without application, can sign
one or several s
or multiplebidders for
contracts, if other or other bidders submit applications
cash placement on condition, that the times specified in
such requests, are the same (part 1-1 introduced by Federal Law
29 June 2015 n 210-fZ-Assembly of Russian legislation
Federation, 2015, N 27, st. 4001).
2. Rules of organized bidding may provide for cases,
in the Central counterparty
bids this
Central counterparty. In this the contract is
deals rules,
true Federal Law.
3. contracts by the Central Counterparty
federal
o Order of deals, transactions
interest, acquisition deals 30 and more
%shares of public stock companies, on exceptions
nature to participate in the charter capital of societies
strategic for the country's defense and
State security, and requirements of federal laws
disclosure of by whom has acquired or
has the ability to control certain percent of
according to the common stock of a joint-stock company.
4. Limitations, 1
27-6Federal Act of April 22, 1996 N 39-FZ Securities Market
papers, do not spread
centralcounterparty with bidders when placing on
tendering.
Article 20. Features of the conclusion at organized trades
contracts with a clearing broker
1. and the order
organized trading, }
specification of a clearing broker.
2. Party to a contract concluded at organized trades in
of the bidder in which the clearingis specified
broker is such a clearing broker.
3. The rules of can be provided
cases, when based on the applications that match each other
specified by the organizer of trading, at the same time
contracts:
1) the contract between the broker and by the bidder
(Central Counterpart, Other Clearing Broker)
2) the contract between and the broker
who has applied for this clearing broker. of the contract has and
fully identical to the rights and obligations of the clearing broker
Thecontract specified in paragraph 1 of this part.
Article 21. Suspension or termination of organized
Bid
1. Trade Organizer must suspend or terminate
tenders in and terms that
set by the Bank of Russia, and in cases
federal laws, ,
corresponding Russia's order on suspension or
termination }
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
2. The Trade Organizer is obliged to notify the suspension or
to terminate and resume organized trading Bank of Russia, a
Also bidders , clearing organization and central counterparty in order and times,
Acts of the Bank of Russia and (or) rules of organized trading.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
3. Deroing or ending tenders organized by
maybe as in all of the items, stocks, species
foreign currency, that are accepted for organized trading, or
all contracts organized and in
relation of individual goods, paper, foreign currencies, and
(or) contracts.
Article 22: Disclosure (provision) of information and
documents by the trade organizer
1. Trade Organizer must provide free access to
all
stakeholders, regardless of the goals of for this
information.
2. The organizer of the trade is obliged to ensure the disclosure of the following
information and documents:
1) of your constituent documents;
2) rules for organized trading;
3) stock tip (section board);
4
audit certificates for the annual reports
annual accounting (financial) reporting, and also
containing in Consolidated Reports
financial reporting;
5) The value of the trade organizer's services;
6) time of organized trading, if in rules
organized tenders are the order of its definition;
7) on the stock exchange board (section council)
8) other information that is provided for by this
Federal Law, Other by laws and normative
Acts of the Bank of Russia. Federal Law of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, article 4084).
3. Information and Documents that are part of 2
real Articles, expose trade organizer by
posting on its Web site
(including on the Internet).
4. s organized
trading, including the adoption of rules for organized trading in
revision, specified changes (new rules) are subject to
information and telecom networks ( in networks
Internet) after their registration in of the Russian (in Ed.
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
5. (provided information
and prisoners
trade organizer has the right to identify parties
imprisoned in organized by the contract and face
application, as well as clients of specified persons, if specified individuals and (or)
their clients did not agree to this identification.
6. Requirements and Disclosure (Provisioning)
information by the trade organizer is determined by the Bank of Russia (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
7. The trade organizer is responsible for damages,
arising from using an unreliable and (or) incomplete
information, exposed (provided) by the trade organizer
if this information is mandatory for Federal
laws and of the compliance with them or
contract Federal Law of 23 July 2013 N 251-FZ-
The legislation of the Russian Federation, 2013, N 30, st.
4084).
Article 23. Information Security
1. Trade Organizer is required to ensure confidentiality
information, of the commercial and other protected by law
mystery, confidentiality of information provided by participants
tendering according to rules of organized trading.
2. Information and information specified in Part 1 of this
Articles, are provided by the trade organizer only
}
consent of bidders.
3. Information and information specified in Part 1 of this
Articles, are provided by the trade organizer to the Bank of Russia
query of the Bank of Russia, relevant requirements of Part 4 of the Article
25 of this Federal Act (ed.) Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, st. 4084).
4. (Part 4 is no more effective under the Federal Law
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084)
5. Information and information specified in Part 1 of this
articles are provided by the shipping organizer and arbitration
courts (judges), if the head of the investigationis accepted
organ organs of preliminary investigation of cases,
in production, inner at
their detection, warning, and suppression functions
tax crimes, others matches
requirements of federal laws.
6. and information received by by the organizer
trade from bidders with rules
organized trades can can be given
of the Central of the counterparty, , and in
clearing organization, , and in organization,
conducts
Settlement Depository, and (or) Commodity Commodity { \cs6\f1\cf6\lang1024
}
consent of bidders and their clients.
7. and of the organization parts 3-6
true article, provides the privacy
information and use them to perform their
functions (responsibilities).
Article 24. Order of Dispute Resolution
1. s rules can be defined
and order of disputes between bidders, a
organized trading, in of the proceedings
is a permanent arbitral tribunal.
2. Arbitration Agreement, provided by the rules
organized trading is also valid if
it has been entered into before the cause of the claim.
3. If you make changes to the bid rules, related
change of the tribunal, disputes,
true article, resolved by the court,
trading rules at the time of reason for presentation
claim.
Chapter 4: Management and oversight of implementation
organized tenders
(name of chapter to red. Federal Act of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, Art. 4084)
Article 25. Bank of Russia powers
(name in red. Federal Law of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, Art. 4084)
1. The Bank of Russia (to TASS). Federal Law of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, st. 4084):
1 performs activity
organized deals, including regulatory legal
acts, activities
trading, and Other regulations, provided for
Federal law (under the rule of law). Federal Law of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, art. 4084);
2 provides a single public policy in
organised-trading areas;
3 sets requirements for to
tendering;
4) sets the order of the registry of bidders and
their clients, application and contract registries, prisoners
organized tenders, requirements for order and delivery dates
statements from these registries
5) sets the behavior of organized auctions
valuable papers, qualified
investors, and organized in
contracts that are derivatives of tools
for qualified investors, , and order
and deadlines for to provide information to the trade organizer about such
securities and contracts with them ( derived information
financial tools);
6 logs
other s of trade organizers, including specs
contracts, to s
Federal Law, as well as changes made to them;
7) licenses bourses and trading systems;
8) discards the exchange and trading systems licenses.
9) imposes restrictions on products, in
contracts can be concluded on organized trades, and requirements
organized trading;
10 sets content requirements
contracts that are derived financial instruments;
11) installs cases, order and
price trading, indexes and other metrics, and cases of the Organizer
price trading, indexes, and other metrics
12 specifies requirements for and times
own of trade organizers, and also installs
other requirements, targeted implementation risks
organized trading activities;
13 sets requirements for for by the organizers
internal control trade;
14) defines the rules, composition, order , and periods of
(provide) information by trade organizers;
15) sets the size, order, dates, and forms of the view,
including electronic signature with electronic signature in
Bank Reports Organizers
trade, as well as persons who directly or indirectly control,
in number based on the trust management contract, 5, and
more% of common stock (shares) of trade
(Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, art. 4084);
16 sets requirements for and to protect
information and documents, related with organized
tendering, as well as shelf life;
17 approves qualifications for
organised trading and specifies and inclusion
legal faces in organizations, delegates,
specified certification in the form of the exam's and
qualification certificates, and also includes
in the specified list of such legal entities, defines the types and of the form
qualification certificates and maintain a roster of certified persons
18 invalidates qualifications
inrepeated or <> <}
requirements of this Federal Law and adopted according to
with it rules (in the red. Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, art. 4084);
19 performs compliance checks
physical in
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024}Organized{ \cs6\f1\cf6\lang1024
}
legal faces in organizations, delegates,
specified certification, and excludes legal entities from such a list
if these conditions are violated;
20 sets the qualification requirements and requirements for
professional experience Federal
laws of persons;
21) gives pre- permission for election (destination)
provided by this Federal Law of Persons;
22 performs control by the
organizerstrade of the Federal of the Law, Other
federal laws and regulatory frameworks
acts, relations, related
tenders ( -Control of organizers
trade) (to the red. Federal Act of 23 July 2013 N 251-FZ-
The legislation of the Russian Federation, 2013, N 30, st.
4084);
23 performs to test the activity of the trade organizers
in order, set by Bank of Russia regulations (in Ed.
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, art. 4084);
24) requires to perform on the trade
provided by this Federal Law;
25 takes Federal measures
targeted at prevention, detection and suppress violations
federal laws and accepted by them
acts. Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084);
26) accesses the court with the legal requirement
faces, Activities,
provided byFed by law, without licenses, and in
cases provided by federal laws;
27) exchange confidential with
corresponding by a body (organization) of a foreign state to
with the body (organization)
providing for the exchange of such information, provided that
that by the authority in the body
(organization) provides security
confidential information is not less
confidential information
Russian legislation, and if relations
treaties
Russian Federation, according to the terms of such contracts;
28) exchange with
(organization) foreign
agreements with such by the body (organization)
mutual exchange of information, under condition,
this of this state
Adequate Protection of the Rights of Personal Data Actors;
29) (Paragraph 29 has been superseded by Federal Act
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084)
30 performs functions other than
Federal Act and other federal laws.
2. At Control of Trade Organizers
Russia to the right The Federal Act of 23 July N
251-FZ -Collection of Russian legislation, 2013, N
30, st. 4084):
1) perform scheduled inspections no more than once a year;
2) perform out-of-plan checks for detection
signs of violations, including complaints (statements,
accesses) and legal information
media;
3 get from s trade
required documents and information, including information, access
of which is restricted or by federal
laws, explanations in writing or oral form;
4) address in
Federation Order in bodies of the search activity, with request for operations activities. 3. control control control Employees of the Bank of Russia with
of the
President
Bank of Russia, his deputy, the Bank's Financial Supervision Committee
Russian or other persons according to Bank regulations
Russia, have right toin
trade and, if is needed to perform
verification, in of other organizations, attracted
Thetrade organizer to fulfill its obligations under the contract
to provide organized trading services, and (or)
organizations
in the for software-hardwaremeans to capture, process, and store information,
related with tenders
organizeddocuments and information (including access to which
limited or in accordance with federal laws
required for control, also
access to software and hardware for commitment control
processing and storing and information (in .
Federal Law 30 December 2015 N 427-FZ-Assembly
Russian legislation, 2015, N, st. ).
4. Russia has the right to request in writing
and other physical and legal
and information bound with
organized tenders, and these persons are required to provide
and information. The Bank of Russia is obliged to provide
privacy of documents and information,
exception
(provision)compliance with federal laws and compliance
The legal legal by the Russian FederationFederal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
5.
In the Russian violation of federallaws and adopted in with them legal
acts, and to prevent such violations by the Bank of Russia
may issue orders, required for execution by persons
Theto which they are addressed. Requirement must contain requirement
Bank of of Russia on its competence, and a due date
this requirement. Federal Law of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
5-1. The and requests of the Bank of the Russian Federation
through mail, faxes, or delivery
destination or in the form of electronic documents, signed enhanced
qualified in the order, of the
The Bank of Russia. In the direction of Bank of Russia regulations and requests
in form of requests and queries
count as received after one business day
destination in order, set by the Bank of Russia,
condition, that the Bank of Russia received acknowledgement of receipt of the mentioned
and (Part 5-1
was introduced by the Federal Law of July 13, 2015. N 231-FZ-Assembly
Russian Federation Federation, 2015, N 29, st. 4357,
takes effect from February 9, 2016.
6. Bank of Russia has the right to suspend for a period of time
up to six months or terminate organized trading in
: Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, st. 4084):
1) if violations of federal laws and have been detected
matches with them Bank of Russia regulations and (or) rules
organized tenders, including if the trade organizer is not
performed obligation or termination
organized trades, Federal
Accepted in accordance with Bank of Russia regulations
(or) rules of organized trading (reds. Federal Law
dated July 23, 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084);
2) if the organizer of the trade is not executed by the Bank's order
Russia Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084);
3 If
legitimate investors or if committed by the organizer
trade threats threaten and legitimate
investors;
4) in other federal cases.
7. The order may be changed or cancelled by the Bank of Russia.
The Bank of Russia's order may be challenged by the by the court.
Frontship order recognition Requirements
invalid completely or does not suspend operations
requirements (rev. Federal Act of 23 July 2013 N 251-FZ
Russian Law Assembly, 2013, N 30, st.
4084).
Article 26. Licensing of activities
Biders
1. The Stock Exchange License and the [ [ trading license
(remainderlicense) Russia Without
specified licenses. The license is issued to the person
get (hereinafter referred to as a license crawler) if licensed
requirements and conditions, matches with
true article Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
2. License Terms and Conditions for Issuing licenses
is of the Federal of the law and accepted in
compliance with regulatory acts (ed.) Federal Act of the Russian Federation
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084:
1) to organizational-legal form;
2) one or multiple
organizational units, created for activity organized trading, in
activity with other activities; 3) to your own tools; 4) to or or indirectly (through under their control) alone or with other persons, related property trust contracts, and (or) a simple partnership, and (or) instructions, and (or) joint-stock agreement, , and (or) other convention of which exercising rights, -authenticated by the organizer trade, control 5% and more% of votes
voting (shares), parts of charter capital
licensee (licensee);
5) Single
executive body, members of the board (observatory
tip), members of executive board, manager
Internal Control (Controller), Principal Accountant, or
other
holds accounting accounting, branch manager
trade organizer, person
organization risk management (separate
structural organizational unit
risks,
organizing with other activity also to manager
structural organizational unit for implementation
tendering activity
6) to rules for organized trading;
7) to organize the monitoring of organized trading, a
also control of bidders and others in compliance
with requirements of Federal laws and adopted according to them
normative acts. Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, art. 4084);
8) Internal control organization
9 (documents) (which defines)
measures, directed to reduce organizational risks
tendering.
3. To obtain a license the license crawler represents in
Bank of the Russian Federation: Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084:
1 license on the license form
The Bank of Russia's normative acts (to the red of the Russian Federation). Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084);
2) a questionnaire, filled out in the form, of the normative
Acts of the Bank of Russia. Federal Law of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, art. 4084);
3) Document, Actuation
license crawler in Single public legal registry
or his notarized copy of the;
4 certified copies of documents
license applicant with registered changes to them
5) a notarized copy of the document confirming
placing a license applicant in a tax authority;
6) copies of documents, confirmation of (destination)
:
(a) the of the sole executive
organ;
Members of the Board of Directors (Supervisory Board) and members
executive body;
in) the head of internal control (controller);
g) of the chief accountant or other official to which
attributed accounting;
d of the organizational unit of the
activities on tenders in
Balancing Other Other
viewsActivity;
(e) the head of the branch of the trade organizer;
individual organizational unit
( person), of the responsible for the organization
risk management
7) A document containing information about the persons referred to in paragraph 6
real parts, copies of documents
requirements for
compliance with this Federal Law;
8) a document, that contains information about the person that has the right
or indirectly ( s
with others
trust Property, , and (or) of the simple
partnerships, and (or) assignments, and (or) stock agreement, and
(or) other convention whose object is implementation
rights, certified (shares) of the trade organizer
order 5 and more percent
voting shares (shares) that make up the organizer's capital
trade, and copies of documents and
which confirm requirements for
specified persons according to this Federal Law;
9 approved rules
tendering, the document defining the order of organization and implementation
internal control, also the document that defines measures
to reduce the risk of trading activity;
10) A document that has a that contains the calculation of its own
crawler license, produced order, installed
The Bank of Russia's normative acts (to the red of the Russian Federation). Federal Act of 23
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, art. 4084);
11) The and Protection Order
information related to organized trading;
12) The list of measures,
preventing conflict during organized
trading;
13) A copy of the balance of accounts on the last reporting date;
14) document, containing detailed information
Tools and accounts receivable for the last reporting date,
on form, set by the Bank of Russia's normative acts (to the red of the Russian Federation).
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
15) a copy of the profit and loss report for the last reporting
date;
16 financial investment structure. Document
Theon the date of the calculation of its own funds. In this help
must be specified:
(a) the full name of the financial investment;
b) Issuer Name (for Securities)
in) Amount of Financial Attachment;
g) the book value and the market value of the financial investment;
17) copy of the audit certificate
(Accounting) for the last reporting year;
18) copies of documents, public
registering all releases of the company's and report
shares in the stock issue if the license applicant is shareable
;
19) document confirming payment of state fee for
granting a license;
20) Document, part of 5 of Article 15
Federal law.
4. The license must be signed by the person
Single Organ
crawler licenses, confidence
details, of the documents in documents that are submitted for retrieval
licenses.
5. Documents and For Receipts
licenses, must match requirements
The Bank of Russia's normative acts (to the red of the Russian Federation). Federal Act of 23
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
6. of the Russian performs the compliance check
and and
crawler licenses information supporting their compliance (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
7. and information for getting
licenses, are accepted by the Bank of Russia if they are considered
proper decorating. In the case of incomplete bundle view
documents or documents, are not properly designed, Bank
Russia returns the specified documents to the license crawler during
10 days of the receipt of the license application (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
8. The Bank of Russia makes the license or
refusing in her to issue within two months of the receipt of all
required documents submitted for license (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
9. In the license decision and in the document, confirmation
presence of license, including:
1) the name of the licensing authority;
2) full trade name of the licensee;
3) where the licensee is located;
4) taxpayer identification number-license;
5) licensed activity;
6) the license number of the license;
7) the date the license decision was issued;
8) information about the lifetime of the license.
10. The document, confirming the existence of the licence, shall be issued to
The Bank of Russia form according to its approved form (in Ed. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, est. 4084).
11. Russia's Bank within five working days from the date of adoption
corresponding solution directs (hands out) a license applicant
license or
extradition that contains the basis for such a failure. Federal Law of 23 July 2013 N 251-FZ-Legislative Assembly Russian Federation, 2013, N 30, est. 4084).
12. Reason for refusal of license is:
1) presence in documents, of the license finder
incomplete or false information
2) mismatched documents
licenses, requirements of of this Federal Law and accepted in
matches with Bank of the (in
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, art. 4084);
3) not providing information with with Part
true article;
4) non-compliance with licensing requirements and conditions.
13. The license crawler has the right to challenge in
orderinstalled by the Russian Federation, Bank Failure
Russia in issuing license or Russia's Bank
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
14. Document, License to be licensed, to
redecorating in if you change the brand name and (or)
where of the trade organizer,
trade organizer condition,
organizational-legal form again of the person's legal legal
complies with the requirements of this Federal Act.
15. Realizing document, confirmation
licenses, executed based on the licensee's statement or its
successor, in which new information about the licensee is specified
or successor and to
proof of incorporation into the Single State Register of Legal
faces of to change its brand name and/or place
of the trade organizer as well as
government duties for redecorating
confirming for the license. redecoration statement
document confirming the existence of a license is filed by a licensee in
Russia Later )
corresponding changes unified registry
legal entities (ed. Federal Act of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
16. Realizing document, confirmation
licenses, implemented within 10 working days from receipt
Russia all the documents that are required. Decoration
document, of license, not allowed
missing bases covered by Part 14 of this Article, a
also when incomplete or inaccurate information is provided (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
17. Russia's Bank within five working days from the date of adoption
corresponding directs (awarded) a licensee
legal created
trade organizer, notification about redecorating
confirming the existence of a license (to the red. Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, st. 4084). 18. Licensing Redischarge document, confirming license availability, decorations and documents for license and redecoration
document confirming license availability
The Bank of Russia's normative acts (to the red of the Russian Federation). Federal Act of 23
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
19. The Bank of Russia maintains the register of exchange and trading systems.
(hereinafter-the license). Licenses
order
Russia Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084).
20. Information, Included in the registry of licenses, must be
information and telecom networks ( in networks
Internet). This information includes the (red). Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, art. 4084:
1) full and abbreviated (if any) brand names
license;
2) license number;
3) the date the license decision was issued;
4) licensed activity;
5) where the licensee is located;
6) taxpayer identification number-license;
7) Other Information, By Regulatory Bank s
Russian (to the red. Federal Law of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084).
21. The Bank of Russia provides extracts from the license registry
statement by any interested person (under the name of the person concerned) Federal Law
dated July 23, 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, st. 4084).
22. The from the license registry is provided within 10
working days since
.
Article 27. Registration of Trade Organizer Documents
1. Trade Organizer is obliged to register with the Bank of Russia
following documents and changes made to them. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, art. 4084:
1) rules for organized trading;
2 in cases provided by by federal laws and (or)
Bank Regulations of Russia, Calculation of
prices, indexes and other metrics
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
3) the document, that defines the order of organization and implementation
internal control;
4 A document that defines the organization of the monitoring
organized trades,
other persons according to federal laws
compliance (in .
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
5) A document that defines measures
trading activity risks;
6) A document that defines measures, to be taken by the organizer
trading in emergencies and directed to
business continuity in the organization of trades;
7) Specs of Financial Derived Financial
tools.
2. Measures, decreased risk
tendering, and measures taken by the organizer of in
emergency scenarios and directed to ensure continuity
activities on tenders can
must be defined in a single document.
3. The Bank of Russia accepts the
1
changes or denial of registration not later than 30 days since
acceptance of the relevant documents if the shorter deadline is not
Theprovided by the Bank of the Russian Federation . Registration
Organize and changes
is implemented by the Bank of Russia in the order, of the regulatory framework
Acts of the Bank of Russia. Federal Law of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, article 4084).
4. Parts
true article is executed at the same time with
corresponding license. 5. Reason for refusal to register organizer documents trade and trade changes: 1) non-conformance documents that are submitted for registration Federal
compliance with of the Bank of Russia regulations, and other
federal laws passed by with
legal acts Federal Law of 23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, art. 4084);
2) presence in documents registration
incomplete or false information.
6. Trade Organizer Documents to be registered,
in date, of the trade organizer
which cannot be the date of registration of the specified documents,
disclosure.
Article 28. Revoking License
1. The license can be revoked by the Bank of the Russian Federation (in .
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, art. 4084:
1) on the basis of a written statement by the trade organizer
license revocation;
2) event organizer's failure to perform
Russia
organized trading (to Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, art. 4084); 3) in the event of repeated non-performance for one year in By the Bank
Russia, with the exception of the requirement specified in paragraph 2 of this
(in . Federal Law of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084);
4) in the case of repeated one of the
violation days
reporting, by federal laws in s s
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 }
{ \cs6\f1\cf6\lang1024
}
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, art. 4084);
5) repeated in for one year of violation
trade organizer requirements for (provisioning)
and of federal documents
in s s
on organized bidding (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
6) in the case of repeatedly in the of the violation
requirements for requirements
Federal Law and promulgated by
acts (reed. Federal Law of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084);
7) if organized trading
implemented for a year and a half in a row; 8 of the activity
trade organizer (adoption of the or
Early Termination of Single Execution
body without concurrency
interim Single or
single absence
one month without other
corresponding requirements to the function
sole executive body);
9) if the trade organizer is declared bankrupt.
2. The decision to revoke the license is taken by the Bank of Russia
in order and the time frames are set by Bank Stats
Russia. In the license revocation decision,
to invalidate it. Federal Act of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, article 4084).
3. The annulment of the license based on a declaration
trade organizer can beaccepted
Only on Notify By Organizer
tendering, clearing organizations, of the features
core counterparties, about intent to opt out of the license, a
also if there is no commitment in relation to
faces.
4. The cancellation of the license does not stop
right Bank Russia invalidate the license
other Theenvisaged by this Federal Law (under the law). Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
5. The license revocation statement must be attached
supporting compliance
part 3 of this article. Exhaustive list
documents are set by the normative by the Bank of the Russian Federation.
of the license signed the person
Single Organ
license; reliability
containing in documents for invalidation
licenses (to the red. Federal Law of 23 July 2013 N 251-FZ-
The legislation of the Russian Federation, 2013, N 30, st.
4084).
6. Documents, by the trade organizer for
license revocation, received by the Bank of Russia
of all images
documents in order, by the Bank of Russia. In
view of incomplete kit
documents returned by the Bank of Russia to the organizer
trade in 10 business days from the date of receipt of the declaration
the license revocation (in the red. Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, article 4084).
7. The annulment of the license based on a declaration
can
passed in the (in
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
8. The annulment of the license based on a declaration
trade organizer licenses or
is accepted for 30 working days with
Theday of receipt of the documents received to revoke the license.
9. The Bank of Russia is obliged to inform the of the licensee's revocation
license later of the day, next on the day of the commit
corresponding decision, by the link
(custom delivery notice about ) and
fax (e-mail). Commit Information
license revocation solutions open on an official site
Bank of Russia in information and telecom (in volume
Internet not later than work day, next
day of its adoption. Federal Law of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
10. Trade Organizer must stop implementation
of organized trading not later than day
next after receipt of license revocation notification
but not Later 15 working days from the appropriate
solutions.
11. License Organizer, revoked license
must exclude from its trade name "Exchange",
or "trading system", , or in the phrase
'trade organizer ', or
phrases with them within three months of adoption by the Bank
Russia license invalidations Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
12. The Trade Organizer has the right to challenge the arbitration
court
revocation of the trade organizer's license, and
license
statement from the trade organizer.
13. The license action stops from the day of the adoption of the
cancellations of licenses, from the days of the Single State
registry of legal entities of trade organizer
or from the bottom of its activities as a result of the reorganization
(excluding reorganizing in the form of conversion).
Chapter 5: Final provisions
Article 29. Final provisions
1. organized
trades only
license, Federal by law,
exclude cases that are set by this article.
2. Organizations, with 1 January of the license
trading on the stock market, including licenses
stock exchanges, as well as commodity and currency exchanges licenses, are required
get the license provided by this Federal Law or
terminate implementation of trade organizer to
January 1, 2014.
3. In order to get Federal
license and legal form in
match with requirements 2
Federal Stock Exchange Act, effective on the date of entry into force
true Federal laws and are Non-commercial
partnerships, can be restructured in joint-stock companies.
The conversion must contain:
1) the rewriting condition in
Stock Distribution
members of the exchange;
2) An assertion of the Shareholdings
societies with Charter application;
3) an indication of the transmission of the act with
gear ratio;
4) List of board members (tip )
Stock Company of the Society,
executive body of the joint-stock company, specifying person of the sole function of the executive body generated stock company. 4. Organized Members
activity on The Stock Exchange
stock broker on the day of the entry into force of this Federal
law, has the right to provide services for Part
Article 16 of this Federal Law, by 1 January 2014.
5. Until 1 January 2014 commodity and exchange
is recognized for of the Federal of the law
organizations.
6. Preface to this Federal
law of definitions and terms, used other Federal
laws, in the market
understand trade organizers, stock, goods
foreign exchange exchanges are listed as stock exchanges.
Article 30. Procedure for entry into force of this
Federal Law
1. This Federal Law comes into force on January 1, 2012.
years, for exceptions for for this article
has different deadlines for the entry into force.
2. Part 3 of Article 29 of this Federal Law shall enter into force
power from official of Federal
law.
3. Articles 3 to 15, parts 1, 2, 4 to 6 of article 16, articles 21 to 23,
Articles 25 to 28 of this Federal Law come into force with
January 2013.
Dmitry Medvedev
Moscow, Kremlin
21 November 2011
N 325-FZ