Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About clearing, clearing activities, and central
counterparty
(name in) Federal Act of December 29, 2015 N
403-FZ-Russian legislation collection, 2016, N 1,
23)
Adopted by the State Duma January 28, 2011
Approved by the Federation Council 2 February 2011
(reed. Federal Act of 21 November 2011 N 327-FZ-
Russian legislation collection, 2011, N 48, st.
6728; of the Federal Act of 30 November 2011 N 362-FZ-Assembly
Russian Federation Federation, 2011, N 49, st. 7040;
Federal Law of December 2011 N 383-FZ-Assembly
Russian Federation Federation, 2011, N 49, st. 7061;
Federal Law of 29 December 2012 N 282-FZ
Russian Federation Federation, 2012, N 53, st. 7607;
Federal Law of 23 July d N 251-FZ - Collection
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of March 2014 N 33-FZ
ToRussian legislation Federation, 2014, N 11, st. 1098;
Federal Law of June 2015 N 210-FZ - Collection
Russian Federation Federation, 2015, N 27, st. 4001;
Federal Law of July 2015 N 231-FZ -Collection
Russian Federation legislation, 2015, N 29, st. 4357;
Federal Law of Dec. 29 2015 N 403-FZ-Assembly
Russian Federation Federation, 2016, 1, st. 23;
Federal Law 30 December 2015 N 427-FZ-Assembly
Russian legislation, 2016, N 1, art. 47)
Chapter 1: General provisions
Article 1: Subject of regulation and scope
of this Federal Law
1. The Federal federal law sets the legal basis
Clearing Activity
implementation, requirements for legal
clearing activity, and Central
CounterpartiesLegal Central Counterparty Monitoring and Surveillance
(Ind. The Federal Act of 29 December N 403-FZ
Russian Federation Law Assembly, 2016, N1, Art. 23).
2. The Federal
relationship, arising from clearing according to
national payment system law, relationships that occur
in relationships with central
liabilities arising from wholesale market transactions
electrical power and power according to legislation
Russian Federation Electricity, Also Cliring
commitments, of matches with budget
Laws of the Russian Federation and non-posting
public and municipal and performance
liabilities for such securities.
Article 2: Key Concepts Used in this
Federal Law
For the purposes of this Federal Law, are used
Key Concepts:
1) Internal Accounting Clearing Organization-Accounting Commitments
participants of the clearance and the person of the central
counterparty, , and accounting for property information
for performance of obligations, property, item
security, in individual and collective
clearing;
1-1) qualified Counterparty -Central
counterparty, The quality of management of which is recognized by the Bank of Russia
satisfactory in accordance with Bank of Russia regulations
(para. 1-1 by Federal Law of 29 December 2015 }
403-FZ-Russian legislation collection, 2016, N 1,
23);
2) individual clearing - -
Article 23 of the Federal Federal Law
approved clearance Other
commitments, of Federal by law or
contract (convention);
3) Clearing-Definition of obligations
arising from contracts, in numbers as a result of
untting commitments, and preparation (information)
base and
liabilities, and enforcement of such liabilities (in
Federal Law of December 29, 2015. N 403-FZ-Assembly
Laws of the Russian Federation, 2016, No. 1, art. 23;
4) clearing service-clearing service;
5) clearance activity
clearing services with approved clearing
organization rules clearing, registered in
{ { fixed order } }{ { regulator | Bank of Russia } } Federal Act of
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, st. 4084; Federal Act of 29 December
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23);
6) Clearing Organization-Legal Person, available
implement clearing activity on licenses
clearing activity;
7) Clearing- Pool-committed
clearingand (or) otherwise
according to the rules for clearing and/or execution;
8) Clearing Broker Member of the clearance is
party to contracts concluded from applications submitted not
in his interests by another person participating in organized trading;
9) collective clearing
approved clearance of the commitments,
Article 24 of this Federal Law;
10 -control - who has the right 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) of the other agreement whose object is to be implemented
rights, of certified shares (shares) of the organization
50 percent in the
controlor authority to (select)
single executive and (or) more than 50% of the composition
collegied control collegie;
11) non-tting - full or partial termination of obligations
approved to a clearing, setoff, and (or) other method installed
clearing rules;
12) Organized tendering-stock trades
or Other Other Organizers of the Securities Market
commodity exchanges, currency exchanges (hereinafter-the organizer of trading);
13) Commodity Supply operator
, control and inventory delivery of obligations
approved to the granted accreditation
specified functions, if not otherwise set by real
the law (under the law). Federal Law of December 29, 2015. N 403-FZ
-Russian Law Assembly, 2016, N 1,
23);
14) of the
(approved by a clearing organization and containing (Containing)
;
15) controlled (controlled by organization)
legal person, directly or indirectly controlled
controlling person;
16) Participant of the clearing-the person to whom the clearing organization
clearing
a contract for clearing services;
17) Central Counterparty - The legal
is one of the parties to contracts, commitments from
to include in clearing has license
non-bank banking
operations and also the license on the clearing
activity and assigned the status of the Central Counterparty to
compliance with this Federal Law (in ed. Federal
the law of December 29, 2015. N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, st. 23).
Article 3: Clearing-service contract
1. clearance clearing
commits itself according to the rules of the clearing to provide participant of clearing services, participants
are committed to paying for these services.
2. Conclusion of services clearing services
is implemented by attaching to the specified contract, conditions
Thewhich is provided by the clearing rules.
3. The client has the right to refuse the execution of the contract
property commitments specified
the commitments made to the clearing.
4. The clearing organization has the right to refuse from execution
contract for clearing services with to call in
violation of requirements, of the rules for clearing to
members of the clearing. Compensation for damages related to this
failure, by the organization's call to
is in process.
Article 4: Clearing rules
1. Clearing approves the clearing organization and
must be registered with the Bank of Russia. Federal Act of
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, st. 4084).
2. Clearing rules must contain:
1) Requirements in the number
suspensions and
clearing services. Federal Act of 29 December
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23);
2) an indication of that
does not participateCentral of Counterparty and with Central
counterparty. Federal Act of December 29, 2015 N
403-FZ-Russian legislation collection, 2016, N 1,
23);
3) the order and conditions for the commitment to clearing;
4) order of clearing, including order and conditions
include obligations in the clearing pool (exceptions of commitments
from the clearing pool);
5 rights and responsibilities of the organization's clearing organization
5-1) Cases and Order of the and Assignment
one member of the clearance on obligations to the clearing,
other clearing participant (Federal Act No. 5-1
)29 June 2015 n 210-fZ-Assembly of Russian legislation
Federation, 2015, N 27, art. 4001);
5-2) Order of the person
central counterparty, contracts on name without
his consent (paragraph 5-2 introduced by Federal Law of June 29, 2015
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N 27, art. 4001);
6) the order of execution of the obligations of the clearing;
6-1) with an Introduction
procedures
net liability-monetary obligation incurred by
with such termination ( - commitment)
stipulating that:
(a) ends all commitment of the
approved to clearing;
b) obligations terminate on the date defined by rules
clearing, or at the date, for the date of the arbitration
court bankrupt and
opening a competitive process, but for the credit of the
date after implementation
banking transactions, depending on which date
before;
in) net obligation is determined by all
obligations and does not include damages in
Loss of profit and penalties (fines, penalties). This
net liability can be determined when all
or
Commitments
obligations from contracts entered into by a participant clearing,
liabilities from contracts entered into the clearing account for
client (clients), , and of the contracts, prisoners
participant of clearing as trustee of control, or
as the net liability, defined separately of
contracts;
(Paragraph 6-1 was introduced by Federal Law of 29 June 2015 N
210-FZ -Russian Law Assembly, 2015,
27, Art. 4001)
7) ways to enforce compliance
clearing, if this is used;
8 of the trade and (or) clearing
accounts- and (or) clearing and order
committing them;
9) List of the Form
internal of commitments, approved clearance, forms
internal property records intended for such
liabilities and collateral assets in
number of the individual and clearing of
(clearing registers, clearing registers and other forms
internal accounting), their purpose, and how they are managed;
10) Conditions of Liability Insurance,
central counterparty function, committed tocommitted to
clearing, if the specified liability is insured;
11) order of the clearing organization to
clearing reports;
12) The address on the Internet
disclosure of clearing organization (
clearing organization) or central counterparty (hereinafter site Central counterparty. Federal Act of 29 December 2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23); 13) description of measures, risk management
{ clicking } . Federal Act of 29 December
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23);
14) the size and order of payment for a clearing organization;
14-1 how organizations interact with in
paras. 4-7, 9 of Part 2 of Article 19 of this Federal Law,
if interop ( 14-1 )
Fed by Law 29 December 2015 N 403-FZ-Assembly
Laws of the Russian Federation, 2016, No. 1, art. 23;
14-2) Counterparty
constraint of the Counterparty
case of or of the performance of obligations
participant
Central of the counterparty in matches with the rules
clearing fearing loss,
non-execution or unsuitable by the
its obligations, , and are used by from the Counterparty to
using tools, contributed in good faith
clearing collective security (hereinafter-allocated
capital of the Central of the counterparty (Federalitem 14-2)
The law of December 29, 2015. N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, art. 23;
14-3) The individual and collective conditions
clearing security (Paragraph 14-3 introduced by Federal Law
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
14-4) Types of the financial derivatives,
treaties, object of which are [ [ Paper]], and
foreign currency, , and (or) goods in
is being cleared (paragraph 14-4 introduced by Federal Law of 29
December 2015 N 403-FZ- Law Collection Russian
Federations, 2016, N 1, art. 23);
14-5) { }
{
}
{
}
{ \field
}
{ \field
Individual
team clearing, approved
Central counterparty (Federal Act No. 14-5)
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
14-6) the Clearing of the organization
participants in in emergencies (para. 14-6
Federal Act of 29 December 2015 N 403-FZ -
MeetingLaws of the Russian Federation, 2016, No. 1, art. 23;
15) Other positions matches Federal
law.
3. Requirements for the content of the parts in of
true article, is determined by Bank of Russia regulations (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
3-1. The clearance can be to
default by the clearance of the contract or
contracts is for to terminate
clearing, , and commitment definition
(monetary liabilities) the size (which) is defined in
order, for the rules
Federal Law of June 2015 N 210-FZ - Collection
Russian legislation, 2015, 4001).
4. The clearance may be to
commission by a clearing organization, by clearing,
person, of the Central of the counterparty, and (or)
organizations, specified in 47-7 parts of
19true Federal Law, and (or)
between specified in parts can be used
equivalent to handwritten signature, codes, passwords, and other tools
confirming, that stems from from delegate
faces. In this must be defined
uses of the hand-written signature, codes,
passwords and other means, confirming, that the document is
Thedelegate to this person.
5. (Part 5 is no more effective under the Federal Law
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23)
6. (Part 6 is no more effective under the Federal Act
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23)
7. Cliring rules may contain other 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).
8. The clearing organization has the right in one-way
make changes to the clearing rules.
9. changes
Registration by the Bank of Russia. Federal Act of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
10. and changes to the rules
power not earlier than five days
this in according to article 19 of this Federal Law.
Fixing and sizing
responsibility of the person of the central
counterparty,
exception of given rules of arbitration agreement
or modification of an arbitration court, does not come into force earlier than
three months after disclosure in accordance with Article 19
true Federal Law.
11. If rules of the clearing have a security method
performance of commitments, approved clearance, opinion
Aseparate security agreement is not required.
12. clearing rules can include cases in which
(commitment), existing (existing) between
Parties of the treaty, of the prisoner with the Central Counterparty
abort (discontinued) replace with new commitments (new
commitments) between of of the specified of the
Central counterparty. This is the new (emerging)
commitment (obligations) must include the same item
and of the method of execution, that a contract with a non-central
counterpart (Part 12 introduced by Federal by law Nov. 21
2011 N 327-FZ-Assembly of Russian Legislation,
2011, N 48, st. 6728).
13. ' s rules can provide when
treaty (treaties) in trades (Part 13
Federal Law 21 November 2011 N 327-FZ -Collection
Russian legislation, 2011, N 48, article 6728).
Chapter 2: Clearing organization. Central Counterparty.
Clearing participants
(name in red. Federal Law of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23)
Article 5: Requirements for the clearing organization and person
of the Central Counterparty
1. The clearing organization can only
business company, created matches
Russian legislation. Clearing Organization is not
right to delegate the sole executive authority
other (manager, control of the organization) (in .
Federal Law of Dec. 29 2015 N 403-FZ-Assembly
Russian legislation, 2016, N 1, article 23).
2. Requirements, By this Federal Law
clearing organization, spreading central
counterparty (in Federal Law of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23).
3. The clearing organization has the right
manufacturing, trade, and insurance activities
owners of activities
Shareholdings investment funds
investment funds and non-state pension funds
investment
investment
funds, mutual funds and non-state pension funds
funds, of the investment of the funds,
Non-State pension funds
security and pension insurance. Federal Law
of 21 2011 N 327-FZ - Law Collection
Russian Federation, 2011, N 48, st. 6728).
4. -clearance of activities
Bid Organizer does not have the right to do
function of the counterparty, also
activities with brokerability, dealer and depositary
Securities Market
papers. 5. a brokerer dealer activity in on the stock market, activity
management of valuable clearing organization is not to the right
to function as a central counterparty (to the red. Federal
Act of December 29, 2015 N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, st. 23).
6. Clearing organization, clearing
activity with other activities, must create for one or several structural units. 7. Central Counterparty Not to Right Calculating
bank accounts on obligations to which it is a party
following the results of a clearing,
depository also has no right to perform calculations on
deco accounts, to which it is
results from clearing unless otherwise specified by Bank regulations
Russia Federal Law of December 29, 2015. N 403-FZ-
Russian Federation Law Assembly, 2016, N1, Art. 23).
8. Clearing organization, clearing
activity with other activities has an obligation to take action on to prevent and resolve conflicts of interest arising
clearing organization for such a match. If the conflict
Clearing of the organization's clearing
activity with other activities
clearing was not notified in advance, resulted in clearing
participant of the
clearing organization owes its for damages in
order, by the civil law
Federations (to the red. The Federal Act of 29 December N
403-FZ-Russian legislation collection, 2016, N 1,
23).
9. (Part of 9 has become invalid under the Federal Act
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23)
10. Clearing Organization and the person
Central of the counterparty, must be per annum
consolidated financial accountability in
Federal Federal Act of July 27, 2010 N 208-FZ
About consolidated financial statements.
11. Annual report Clearing or
main counterparty function, must contain annual (financial) reporting, also consolidated financial statements. 12. Annual (financial) accounts (annual reports) of the clearing organization or person of the function Central of the counterparty, also Consolidated financial reporting is subject to mandatory audit. 13. Using the word "clearing", derived words, and combinations with it in their company name different legal faces, except organizations, not
exception to cases specified by federal laws.
13-1. Using 'Central Counterparty',
and combinations of with their branding
Other Legal Persons, Other than Central
counterparties, not allowed
federal laws (part 13-1 introduced by Federal Law of 29
December 2015 N 403-FZ- Law Collection Russian
Federations, 2016, N 1, st. 23).
14. The clearing organization is required to implement storage
information and documents, related with the clearing, , and
backing copying in in
requirements, by the Bank of the Russian Federation (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
15. Person , Central Counterparty, Not
has the right to use other persons to perform their functions, rights, and
to perform their duties.
16. Clearing organization and the person who performs the functions
Central of counterparty, must provide capability
provided in Bank of Russia Documents,
Get the Bank of the Documents
order and time frames by the Bank of (in Ed.
Federal Law of 13 July 2015 N 231-FZ -Collection
Russian Federation Federation, 2015, N 29, st. 4357;
Federal Act of December 29, 2015 N 403-FZ -
MeetingRussian legislation, 2016, N 1, article 23).
16-1. requirements for format, order and
Central Counterparty Information to the Bank of Russia and The composition of information is set by by the Bank of Russia (part of 16-1 was introduced by Federal Law of December 29, 2015. N 403-FZ
Russian Federation Law Assembly, 2016, N1, Art. 23).
17. The organization has the right without
dispose of its own property, including transactions
with valuable papers and contracts, that are derived
financial instruments.
18. The clearing organization has the right to insure the risk of its
responsibility before members for , or
improper performance of its obligations.
19. The of the of the Central of the counterparty
right to insure the risk of its liability to participants
clearing for default or improper performance of
approved to be cleared.
20. The of the of the Central of the counterparty
right to be a party without a license
with federal by law
participate in these trades.
21. The clearing organization or person of the
Central counterparty, is required to approve an internal document by
corporate control that must match
requirements, set by the act by the Bank of of the Russian Federation.
Specified document is approved by the Board of Directors (observable
council) clearing organization or person of the performing function
Central of counterparty (Part 21 is introduced by Federal Act
June 29, 2015 N 210-FZ- Assembly of the Russian Law
Federation, 2015, N 27, st. 4001).
22. Central Counterparty to the right without participant's order
clearing to dispose of money and value
papers from the company's clearance
participant of clearing commitments, approved to the clearing (Part 22
was introduced by Federal Law from 29 Dec. 2015 N 403-FZ
Russian Federation Law Assembly, 2016, N1, Art. 23).
23. Central party is entitled to perform
commodity operator without Bank of Russia accreditation (Part 23
)was introduced by Federal Law from 29 Dec. 2015 N 403-FZ
Russian Federation Law Assembly, 2016, N1, Art. 23).
24. Central Counterparty less once in two years
must perform auditing in order, installed
normative by the act of the [ [ Bank of Russia]] (part of the 24 introduced Federal
The law of December 29, 2015. N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, st. 23).
25. To store information about property, obligations
Central of the Counterparty Counterparty
must reflect all transactions and transactions in databases on electronic
carriers, that allow to store in
information for at least ten years from the inclusion date in
database and access to information
as of every operating day. Order of Creation, Maintenance
and the storage of databases that contain this information is installed
Bank Russia (Part 25 introduced by Federal Act of December 29
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, st. 23).
26. Maintaining Information in in
data
is also implemented by creating their backups (part of 26
Federal Dec. 29 2015 N 403-FZ-
Russian Federation Law Assembly, 2016, N1, Art. 23).
27. Russia has the right to send to the Central Counterparty
request for and passing to in Bank
backups of databases that have been backed up to this Article 27 (Part 27) was introduced by the Federal Law of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, st. 23).
Article 6: Requirements for controls and employees
Clearing Organization
1. Person of the Single Executive Function
organ, members of the board (supervisory board) members
collegiation of the organization's organization's clearing
branch manager, chief accountant, other official,
Who is responsible for accounting, for
or organizational unit
responsible for risk management
internal audit, controller
internal control), structural organization unit, created for clearing, must have higher education and other requirements true Federal by law. If Clearing organization is credit requirements only structural
branch, of the clearing (in red. Federal Law
dated June 29, 2015 n 210-fZ-Assembly of Russian legislation
Federation, 2015, N 27, st. 4001).
2. Person Implementing Single Executive
organ, members of directors (supervisory board) and members
collegiation of the organization's organization's clearing
head of her branch, person or Manager
individual organizational unit organizational unit
risk management control system
Internal Audit, Controllers ( Internal
control), head of the organizational unit created for
clearing, must match with Bank
Russian Requirements professional experience and qualification
requirements, including qualification requirements
in the scope of the activity. If Clearing
organization is organization, requirements
real of Part only to the structural head
branch, of the clearing (in red. Federal Law
of 21 2011 N 327-FZ - Law Collection
Russian Federation, 2011, N 48, st. 6728; Federal Act of
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, st. 4084; Federal Act of 29 June
2015 N 210-FZ-Assembly of Russian Legislation,
2015, N 27, st. 4001).
3. The [ [ clearing]] organization must have
(supervisory board) that should be responsible for:
1) approval of clearing rules;
2) Approval of documents, defining the organization's order and
internal audit organization rule
risk management,
Internalauditing organization, Internal
Clearing of the organization, internal of the
corporate control in of the organization (in .
Federal Law of June 2015 N 210-FZ - Collection
Laws of the Russian Federation, 2015, N 27, art. 4001);
3) Approval of a risk committee and its clause
committee;
4) Approval of a document that defines measures
clearing organization in emergencies and directed to
ensuring continuity of clearing activities;
4-1) election of the sole executive organ of clearing
organization (paras 4-1 by Federal Law dated 29 June 2015
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N 27, art. 4001);
4-2) election members of the executive body
clearing organization (item 4-2 introduced by Federal Law of 29
June 2015 N 210-FZ - Collection
Federation, 2015, N 27, art. 4001); 5)
Act of the Board of
(tip )clearing organization.
4. The [ [ peer-to-peer]] organization must have collegiate
Theexecutive body.
5.
members (tip board members
executive body clearing of
may be:
1) persons who have the function alone
executive body, included in composition of
executive body
internal audit or performed 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
(revoked) due to no of these violations, if from the day
such a cancellation has been less than three years or if
specified faces in in court court
facts of committing to
at bankruptcy, premeditated and (or) bogus bankruptcy. for goals
this Federal Law is understood as a professional participant
securities market, clearing organization, control company
investment fund, equity investment
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, Currency exchange, Commodity Exchange
(Ind. Federal Law of June 29, 2015. N 210-FZ-Assembly
Laws of the Russian Federation, 2015, N 27, art. 4001);
2) persons who have not expired during
they are considered to be punished by as
disqualification;
3) of the person for crimes in in
economic activity or crimes against
authority;
4) persons whose qualifications have been revoked
if less than three years have passed since the cancellation.
6. Internal control (Controller)
clearing organization and head of internal audit
clearing may be a person who
Single of the Clearing
organization, , and organizational unit
which is clearing. Federal Act of 29 June 2015
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N27, st. 4001).
7. to decide whether to suspend or advance
termination of the authority's
clearing organization must accept the specifiedat the same time
decision to accept Single
executive or of the new Single
organ. With this Single
can only be executed by a person who is in the state
employees of a clearing organization or part of tip
(tip board or The
executive body. A Temporary
single executive body of clearing organization, should
meet the requirements of parts 1 and 2 of this article.
Requirements, of this part, do not apply to
credit organizations that carry out clearing activities.
8. Election (destination) of the function
Single Executive (Single
executive body), a member of the board of directors (observatory
council), a member of the collegiating executive body,
internal audit services, internal control manager
(Controller), Risk Management (faces,
risk management for the clearing organization,
Elimination of Credit Organization, Head Function
organizational unit of the clearing organization, created for
clearing activity (
clearing activities with different activities), allowed from the preliminary of the Bank's (in Ed. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly Russian Federation, 2013, N 30, st. 4084; Federal Act of
29 June 2015 n 210-fZ-Assembly of Russian legislation Federation, 2015, N 27, st. 4001). 9. The [ [ clearing organization]] is required to send to
written form Russia
(destination) of the person . Specified
notification must contain information, supporting compliance
requirements, set by 1, 2 and 6 of this article.
Requirements to the order and form 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).
10. If the Bank of Russia was previously given consent to election
(appointment) of candidate for position specified in Part 8 of this
Articles, Agreement of the Russian election
candidate for the same position is not required. Clearing Organization
in this case is required to send a notification, specified in of
true article Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
11. Clearing organization, for credit
organization, required to notify in writing to the Bank of Russia
assignments to branch manager, master accountant
or other of the person of the clearing organization
bookkeeping, not later than five days
Theof the solution. Clearing organization
must be in order and times, that are provided for in this Part,
Notify Russia's
single executive body for more than one month (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
12. The clearing organization is required to notify in written
form of the Bank of Russia to be released from
part of 1 of this article, not later than the working day, next
the day of this decision. Federal Act of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
13. The clearing organization has the obligation to send to
writing to the Bank of Russia on the election of members
Board of directors (supervisory board) and peer members
executive body of clearing organization within three days
from of the appropriate of the decision (ed. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
Article 6-1. CompetFeatures and organizations
Activities of the Board
(Supervisory Board) of the Central Counterparty
1. The board of (tip )
Central of the counterparty, by its charter,
questions, provided by Article 11-1-1 of the law About Banking and Banking and Part 3 of Article 6
Federal Law as well as the following:
1) Assertion of risk management rules
Central Counterparty;
2) Assertion of the capital of the capital
Central Counterparty;
3) approval of Part 8-1 of Article 22 of the present
Federal Stress Test
Central Counterparty;
4) approval of Part 8-1 of Article 22 of the present
Federal Act of the Precision Evaluation
of the Central;
5) Approve the financial financial stability plan
Central Counterparty;
6) Approve an activity plan
Central Counterparty;
7) approval of the feature
Interaction of Central Counterparties in Their Implementation
activities (further-
central counterparties), if present;
8) Assertion and Information
Central counterparty.
2. requirements for internal documents
points 1-6 1 of this article, set by the Bank
Russia.
3. One third of the board (tip )
central counterparty, but must
consisted of independent directors.
4. An independent director is considered to be a person who is not connected:
1) with Central Counterparty;
with the person control
counterparty or significant impact on
;
3) with a clearing participant.
(Article 6-1 was introduced by the Federal Act of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
Article 7. Requirements for founders (participants)
Clearing Organization
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 organization, control 5 and
percentage votes, coming voting voting (shares),
constituent equity of an organization, may not
be:
1) a legal person, registered in States, or
territories preferential tax and (or) not
providing disclosures and for
financial operations (offshore zones), list of which
approved by Ministry of Finance of the Russian Federation;
2) a legal person who committed a violation
revoked (revoked) license for
Financial organization activity;
3) a physical person specified in Part 5 6 of this
Federal law.
2. Person specified in paragraph 1 of Part 1 of this Article,
to send notification to the clearing organization and the Bank
Russia in order and time, installed by normative acts
Russia (in Ed. The Federal Act of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, st. 4084):
1) to acquire the right to directly or indirectly control
and more percent shares
(shares) that make up the authorized capital of the clearing organization;
2) to change the voting share for voting shares
(shares) that make up the charter capital of a clearing organization
and it has the right to dispose of, 1 per cent lower, and in the case of
reduction of the specified greater than by 5%
voting (shares) (in Ed.
Federal Law Nov. 21 2011 N 327-FZ-Assembly
Russian legislation, 2011, N 48, article 6728);
3) (nonconformance) requirements
Theset part 1 of this article.
3. If notification of Part 2 of this
Articles, not received by the or organization from
notification follows that the person is entitled directly or indirectly
order 5 and more percent
voting shares (shares), components of the authorized capital of clearing
organization, does not meet the requirements, installed in Part 1
real articles, specified person has the right to dispose of the quantity
votes, not greater than 5 percent
voting shares (shares), components of the authorized capital of clearing
organization. However, the remaining shares (shares) of this
face, for meeting of the meeting's
participants in the clearing organization are not accounted for. 4. Clearing organization in absence of notifications
part 2 of this article is required to send to
The Bank of Russia has reported this. Federal Law of
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
Article 8: Native clearing requirements
Organization, Central Counterparty, and
Mandatory Regulations
(name in red. Federal Law of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
1. Minimum size of the clearing
must be at least 100 million roubles. Composition
own clearing organizations must match
Requirements, are set by the Bank of Russia, including
activities, with which combine their clearing activity
(Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
1-1. Minimum size (capital)
set for a central counterparty of 300 million
The federal law of December 29, 2015 was introduced by the Federal Law No.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, st. 23).
2. The clearing organization must perform required
rules, list, and methodology
is set by the Bank of Russia. Federal Law of
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
2-1. The Counterparty does not propagate
Mandatory Regulations specified in Part 2 of this Article (Part
) Federal Law of December 29, 2015. N 403-FZRussian Federation Law Assembly, 2016, N1, Art. 23).
3. Requirements, set by this
on organizations that
clearing activities and non-central counterparts
(in ed. The Federal Act of Dec. 29 N 403-FZ-
Russian Federation Law Assembly, 2016, N1, Art. 23).
Article 9: Internal Accounting Clearing Organization
1. The clearing organization must implement internal accounting
according to requirements of the Federal
The Bank of Russia'snormative acts Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, st. 4084).
2. The clearing organization has the right to run
Internal accounting using electronic information media
provision for to contribute
information on paper. 3. The clearing organization is required by the rules provide to the user
obligations of this clearing, to the clearing, a
also about property, for
liabilities, property that is individual security, oh
its share of the property in the collective clearing provision.
Article 10: Internal audit and internal audit
Clearing Organization
1. The clearing organization is obliged to organize and implement
internal audit and internal audit.
2. For and Internal Control
clearing organization is required to assign control to
form a separate organizational unit (service
internal control). Controller ( Internal
control) is assigned to and from
Thesingle- executive of the organization's clearing of the organization.
Controller ( Internal Control Control
single executive organ of the clearing organization.
3. For , Internal audit
clearing organization must assign an internal 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 is set for the organization's
compliance with the requirements of the Bank of the Russian Federation.
(Article 10 to the red. The Federal Act of June 29, N
210-FZ -Russian Law Assembly, 2015,
27, Art. 4001)
Article 11. Requirements for Clearing Members
1. requirements for can be members
clearing, is set by rules for clearing. Clearing Rules
different members
climate and set requirements for the attendees of the clearing, and
rights and responsibilities of the clearing members, for different
(categories) of the participants in the clearing. Participant Requirements
one group's clearance (categories) may differ from requirements
other groups (categories), but should be
are the same for members of the same group (category).
2. The Cliring Rules must be set to requirements
financial sustainability members
involvement of the Central Counterparty, with the exception of the Bank of Russia,
also of the federal executive authority
Executive Authorities of Subjects of the Russian Federation
attributed composing and (or) related
budget, and persons acting on their behalf.
3. The financial
set requirements, must provide central
counterparty, describing their financial state, in
amount, order and time period that are defined by the clearing rules, and
also immediately notify the Central Counterparty
nonconformance with the specified requirements (reed. Federal Act of the Russian Federation
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, st. 23).
3-1. The client is obliged to inform its clients about:
1) The property, of the property,
commitments made to clearing, , and commitments
treaties that have been signed by participant
client;
2) Client right to require
individualassets provided as security and commitments
participant of contracts, for
this client;
3) the cost of individual accounts
real property and liability;
4 client risks associated with separate accounts
property, in quality of security
of the member of the from from the
prisoners at the expense of this customer.
(Part 3-1 was introduced by the Federal Law of June 29, 2015). N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
4. Party to a contract concluded at organized trades in
of an application, in which specifies a clearing broker, is
Asuch clearing broker. Specify the Request
allowed provided that the clearing organization received
acceptance of the clearing broker in order, of a specific rule
cleared.
5. qualified
counterparty has the right to apply a special order of credit risk assessment
claims, raised from treaties, included in clearing
pool and prisoners with a qualified central counterparty, in
compliance with the Bank of Russia (part of 5 )
Fed by Law 29 December 2015 N 403-FZ-Assembly
Russian legislation, 2016, N 1, article 23).
6. clients with Counterparty
must provide account information to the Central Counterparty,
open in resident banks (Part 6 introduced by Federal Law
of 29 December 2015 N 403-FO - Law Collection
Russian Federation, 2016, N 1, st. 23).
Article 11-1: Ensuring financial sustainability
Central Counterparty
1. The Central Counterparty is obligated to develop and
in Bank of the Russian Federation of the business continuity plan
Central Counterparty and Financial Repair Plan
Central Resilient
number of measures to enforce compliance actions
Russia,
continuity of the Counterparty
Counterpartyrestoring the financial CounterpartyCounterparty
to ensure compliance with their content.
2. Russia's estimate of the security plan
continuity of the plan's plan
restoring the financial CounterpartyCounterparty
changes.
3. Requirements for the content, order, and times of the view in
Russia Operations Continuity Plan
Central of the and { \cs6\f1\cf6\lang1024
}
{ \field
}
{ \cs6\f1\cf6\lang1024
}
resiliency of the central counterparty, changes made in
order in which these plans are evaluated by a normative act
The Bank of Russia.
4. The Central Counterparty is obliged to inform the Bank of the Russian Federation
offensive
to ensure the continuity of the Central of the counterparty centralfinancial
counterparty, and the implementation of
plans in the order set by a normative by the act of the Bank of of Russia.
Requirements for The and Events
Central Counterparty is required to inform Bank of the Russian Federation
is established by Bank of Russia regulation.
5. Russia Bank
counterparty for the financial resiliency
develops action plan for Central of counterparty,
containing measures in case the activities of the plan
financial stability
restore the financial stability of a central counterparty.
6. Reorganization of the Central of the Counterparty ( exception
reorganization case in the form of a conversion) can
only if Bank of Russia agrees. Order and Receive Date
such consent is established by the Bank of Russia regulation.
7. Central -[ [ Counterparty]] has a right to accept
voluntary liquidation without the consent of the Bank of Russia. Order and deadlines
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024
} set
{ \cs6\f1\cf6\lang1024
} Bank
}
Russia.
(Article 11-1 was introduced by Federal Law of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
Chapter 3: Clearing
Article 12: Clearing Pool
1. In cases of the rules for clearing, clearing
organization has the right to form or more than one
pools.
2. Order and Conditions for Inclusion of Commitments in the Clearing Pool
set by the clearing rules. One and same commitment
can only be included in one clearing pool at the same time.
clearing pool can also include commitments, generated
following the commitments, included in of another clearing
Thepool.
3. The clearing organization has the right to exclude from
clearing of the pool before this or
termination on other grounds in cases provided for by the present
Federal Law, Acts of of the Bank of Russia and (or)
rules for clearing (ed.) Federal Act of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
4. If you are forming multiple clearing pools ,
separately obligations, different
clearing pools.
Article 13: Clearing the central
counterparty
1. In the order, of the clearance rule, person
Central Counterparty Right to conclude
contracts, including about yourself, on behalf of
{ clicking} { \b} { \cs6\f1\cf6\lang1024
} without special
authority (power of attorney), and without the consent of the member of the clearing.
Conclusion given in parts of
Central of the counterparty, allowed in
failure to perform or by contributor
clearance of obligations, approved to the clearing (to the red. Federal
Act of June 29, 2015 N 210-FZ - Legislation
Russian Federation, 2015, N 27, Art. 4001; Federal Act of
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, st. 23).
2. In and order, are provided by the rules
clearing, damages for the central
counterparty originating from the last
functions can be distributed among clearing participants.
3. The clearance can be limited to
responsibility of the person of the central
or improper execution
commitments, included in clearing , including size
damages to be compensated upon termination of the contract of delivery. In
this case rules must be defined as maximum
responsibility of the person of the central
counterparty, in dependency
referenced commitments, , and cases,
may limit to the amount of responsibility specified
faces.
4. Person of the Central Counterparty,
exception
to limit liability, if all participants in the clearing
performed to the obligation before
Central of the counterparty, or if its participant requirements
clearing can be satisfied entirely by individual
and of the team's clearing support. Clearing rules can
provide restrictions on the limitation of the person
implementor of the central counterparty, for failure
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
before before
central counterparty.
5. If of the participants ' requirements
person's maximum responsibility, of the function
central counterparty, these requirements are satisfied in order
rules for the clearing. unsatisfied
requirements are considered Repaid, if is not
rules for clearing.
Article 14. Consequences of the invalidity of a treaty,
committed to clearing
1. of the invalidity of the contract, obligation
which is allowed to be cleared and not terminated, commitment
is excluded from the commitment made to the clearing.
2. Consequences of the invalidity of a treaty,
with the of the Central counterpart, , and
liabilities terminated, damages
victim for one out of
related contracts, by someone else executed
interrelated contract that knew or should have known about
causes of invalidity of related contract
being is not valid.
a contract is understood as a contract, inmate with a person
central counterparty function, based on offer, including
based on bids
which matched the offer, in
bid-bid,
invalid contract with the person performing functions
central counterparty.
3. No related treaties
void contract with with
{ \cs6\f1\cf6\lang1024}Central Counterparty{ \cs6\f1\cf6\lang1024
}
terminated, is the compensation of the loss to the injured person
person of the Central Counterparty Function, if this
person, performing central counterparty function, knew or
must know
is not valid.
4. Non-validity of contract, obligation to
terminated by non-tting, not causes invalid
transactions in the process of non-tting, and the results of the netting.
Article 15. Trade accounts
1. of the fulfillment of commitments
approved for clearing, can use trade accounts that
and others others
rules for clearing.
2. The account is or a separate bank account
(remainder-trade bank account, or separate account
(remainder- trade account), , or commodity account (trade
)commodity account) conforming to the following:
1)
tools, valuable paper, other property that can
used for
and (or)obligations accepted to the clearing as well as obligations of payment
compensation of the clearing organization and organizations specified in
paragraphs 4-7 of Article 19 of this Federal Law;
2 operation The account is executed based
organization client order of the person
given account, , and by disposal
the account, with clearing
(in Ed. Federal Act of 29 December 2012 N
282-FZ-Collections of Russian Federation Federation, 2012, N
53, article 7607).
3. The accounts are opened with clearing
Anorganization that has the right to order these accounts.
4. The [ [ ]] [ [ trade]] account can be opened as in rubles,
and in foreign foreign currency. The Trade bank can
be special brokeraccount or special trading account
participant of the clearing (ed.) Federal Law of June 29, 2015. N
210-FZ-Assembly. Russian legislation, 2015, N
27, Text 4001).
4-1. The client's
clearing, is the credit organization, for
(or) to enforce compliance, to the clearing,
should send separate bank account (accounts),
discoverable (opened
} in another credit
(hereafter referred to as the special trading account of a clearing participant).
With this money, transferred to the clearing person
client, must be considered by the clearance
accounting separately. Clearing Member is required to Maintain Internal
accounting for money, given to him by the client for
(or) to enforce the obligations that are committed to the clearing.
For client money, in special trade
participant can be targeted for
obligations of the participant's clearing. not to the right
enlisting native money on special trade
account for the clearing account, except when they are returned to the client
(Part 4-1) was introduced by the Federal Law of June 29, 2015. N 210-FZ
Russian Law Assembly of the Russian Federation, 2015,
4001).
4-2. client requirement of the client
credit organization, must open in another credit
organization specific trade account of clearing
for performing operations with the money
Money, at the specified trade
participant only
performance and/or enforcement, approved
for the clearance and of the resulting contracts, with this
is part 4-2 introduced by Federal Law of June 29, 2015. N
210-FZ -Russian Law Assembly, 2015,
27, Text 4001).
5. Consent of the clearing organization to perform operations on
trading gives a way,
bank account according to clearing rules, in
including by the payment sign of the payment organization
document, in that the matches
account, orders credit institution to perform operations
about this account.
6. Opening and closing conditions of the trade
deco accounts, operations
is determined by Bank of Russia regulations. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
7. Writing off Securities from a Trade Account of a Nominal
holder or sub-account of nominal holder for clearing
account or enlistment in trade
nominal holder or sub-account of the holder's
clearing the account is for operations
related decommisation or enrollment, on trade accounts
deco, opened by this nominal holder, including trade
Depo of Securities Owners, without Assignment
has such accounts (reed. Federal Law of June 29, 2015.
N 210-FZ-Assembly of Russian legislation, 2015, N
27, Text 4001).
8. The trade product is the account,
which Commodity supplies property (for
exclude money and securities). Trade Commodity
account is opened by commodity supply operator, if specified
The
Federal of the law.
Operation in the specified account is equated to a transfer (get)
property. From the time the record of the receipt of property was committed
accidental death or accidental damage to property
trade product paid
record for receiving property.
9. Opening and closing conditions of the trade
commodity account, how transactions are carried out on a specified account
is determined by Bank of Russia regulations. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, est. 4084).
Article 16. Clearing accounts
1. of the fulfillment of commitments
approved clearing, can use clearing accounts
opening Clearing
account for the property of the participants of the clearing, of the person who
Features of the Central Counterparty, and (or) Other Persons envisaged
rules for clearing.
2. The clearing account is either a separate bank account
(further-clearing bank account, or separate account
(hereinafter- clearing account), or Commodity account (hereafter -
clearing product
cashtools, valuable paper, other property that can
used for
and (or)commitments, committed to clearing, and obligations
{ \cs6\f1\cf6\lang1024
}Property Pool{ \cs6\f1\cf6\lang1024
}and
{ \cs6\f1\cf6\lang1024
}
compensation of the clearing organization and organizations specified in
Article 19, paragraphs 4-7 of Article 19 of this Federal Law (in
Federal Act of June 29, 2015. N 210-FZ-Assembly
Russian legislation, 2015, 4001).
3. The clearing the bank account can deposit money
The client's or his client or clients. On
this participant of the user and its clients
be accounted for in the internal accounting of organization separately.
clearing request of the { \b
} requirement
maintain individual internal money of the client or
clients
bank account. For clients, to
clearing bank account, cannot be recovered from
obligations of the clearing and clearing organization member (in the red.
Federal Law of June 2015 N 210-FZ -Collection
Russian legislation, 2015, 4001).
4. Clearing bank account can be opened as in roubles,
as well as foreign currency. The banking bank can
is a special brokeraccount.
4-1. On the clearing bank account money can
to be listed with a special of a broker account or special
Themerchant account of the clearing account. this money
every of the client must be considered by the
internal accounting separately (part 4-1 introduced by Federal Law
29 June 2015 n 210-fZ-Assembly of Russian legislation
Federation, 2015, N 27, st. 4001).
5. The clearing product is the account,
open clearing of the organization which is a commodity operator
supplies sensitive to property ( money and
valuable papers, can be used to execute and
(or) provide commitment, to the clearing. Clearing House
commodity account is opened by the commodity operator, if accounting
specified property is based on a storage agreement,
TheFederal of the law.
The specified account is equated to (get)
property.
6. Depository Receipt for Securities on Clearing Account
deco must open sub-account owner, nominal holder
or trustee to account for these securities
(hereinafter - a subaccount). Opening subaccount by
of the opinion
deposit agreement with the specified persons. Securities Owners,
rights that are accounted for in a sub-account, execute all rights,
pinned security Trusted controls, rights
in subaccount , all all rights,
fixed security if authority to implement
specified rights are granted by law or by contract.
7. property enlistment
clearing commodity account is required to open owner's for
accounting for rights to this property (hereafter referred to as a commodity sub-account). Opening
commodity
Federal law without entering into a contract with a specified person.
8. Order and conditions for opening and for the clearing clearing account
debit and subaccounts, clearing of the and commodity
subaccounts and operations for the specified accounts are defined
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).
9. The clearing organization has the right to list
clearing account owned property, for exceptions
matches with this is required
performance of commitments, clearance,
fulfillment of a clearing organization for cash return
facilities in cases of article 23, paragraph 12, and part of 8
Article 24 of this Federal Law.
10. In the phlegm of the phlegm
property, on a clearing account, not in the estate
Theis included. Money is to be returned to the clearing participant,
and other items transferred to his/her after
performance of all obligations under the of the clearing
services and commitments to the clearing.
11. If the organization is recognized, Calculating
results of clearing, bankrupt property, on the clearing
account, not included in the estate. Cash to be funded
return for the organization for
size, remaining after fulfillment of all obligations under a contract
about clearing services and commitments to clearing
(Part 11 was introduced by Federal Law from 29 2015 }
403-FZ-Russian legislation collection, 2016, N 1,
23).
Article 17. Features of the property contract
used to execute and/or provide
{ \cs6\f1\cf6\lang1024
1. Property, used for execution and/or security
execution of approved commitments, can be passed
Operator supplies of the Store
property, used for fulfillment (or)
compliance with commitment, or of the contract storage. 2. property storage contract used
performance and (or) providing to { \cs6\f1\cf6\lang1024
{ \cs6\f1\cf6\lang1024
}
liabilities, shipping shipping commits
reward storage, used for and
(or) these obligations and transferred
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 }
{ \cs6\f1\cf6\lang1024
} { \cs6\f1\cf6\lang1024
} implement, control and
supply to these liabilities and return (transfer) property to
order of and time frames
property.
3. property storage contract used
execution and (or) of the { \field
}
commitments, can be transferred to property, used for
performance of commitments, approved clearance, , or property
individual clearing of
orteam clearing security.
4. The return of property passed to is carried out
only s Clearing Orderwithout
control order or orders
organization's clearance in order
provided by the rules for clearing.
5. Contract for the storage of the property, used for execution
and (or) enforcement of approved clearing obligations
may be provided
when a commodity supply operatoris required to hand over non-possigsayer to
property for storage, person designated by the clearing organization, c
which supplies enclosing
property.
6. Return (Transfer) property is considered with
Return (Transfer)
}
trading account or clearing
account.
7. Contract for the storage of the property, used for execution
and (or) enforcement of cleared commitments,
may include cases, when property, taken into account
clearing product can be used for
provide loans to the participants of the clearing.
8. To the storage contract used for execution
and (or) enforcement of approved clearing obligations
General Civil Russian Provisions
storage, if does not contradict rules
Theset by this article.
Article 18. End-of-obligation guarantees,
admitted to the clearing
1. Based on the debts of the clearing organization or organization
Calculates
arrest on property, on the clearing account, and not
may be suspended on the account.
Suspending the clearing account by
Russian Federation Tax Law and
fees, not allowed (in the red. Federal Act of 29 December
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, st. 23).
2. Collection of property of the orproperty
other person in trade and (or) clearing accounts, a
also suspend trading or clearing account
not is allowed for items
fulfillment (termination) of committed clearance, not
later of the day, for the day, when the clearing organization
received in order, by the specified part 3 of this article, copy
document, that is the base for the address
recover or suspend operations. This is the address of the collection
or suspending operations can be done against
debtor's remaining (Termination)
obligations of the clearing participant following clearing, no later than day,
next for the day, when the clearing organization received
specified documents (in Federal Law of June 29, 2015.
N 210-FZ-Assembly of Russian legislation, 2015, N
27, Text 4001).
3. Bank, Other Credit Organization, Depository or Operator
commodity supplies, Maintenance of the trade account and
(or) clearing account on which the debtor's property is located,
requests
recovery of money, of securities or other property after
execution of a clearing organization order, required for
compliance (termination) in with Part 2
true s articles, three days later from the day
getting the executive document from of the trial
Theappraised. This bank, other credit institution,
depositary or commodity supply operator not later than day of receipt
corresponding document sends a copy to
clearing organization (in Federal Act of 29 June 2015
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N27, st. 4001; Federal Act of December 29, 2015. N 403-FZ
-Russian Law Assembly, 2016, N 1,
23).
4. The rules, set by this article, are used in
relation to Russian and foreign persons.
5. The Organization, of which is either trade or clearing
account immediately executes the seizure order
of the debtor and tells the bailiff
debtor account details, size of the debtor's cash and (or)
number of pieces of or other property, arrests
each account, , and also directs information about the seizure in
clearing organization on the day of seizure.
6. Attaching the property of the property to
trade and (or) clearing accounts, do not prevent execution by
the organization's operation's clearing organization
(Termination) in Part 2
real of the article. committing operations
organization, of which or clearing
to report to the bailiff's size
features of the debtor and (or) the or other
property, remaining after such operations, no later than
Thenext working day of the day after they are held (in the red. Federal
Act of June 29, 2015 N 210-FZ - Legislation
Russian Federation, 2015, N 27, est. 4001).
7. { } { } { } { }
commitments, approved clearing,
is terminated in order and on conditions set by rules
cleared.
8. In the
participant of clearing, and with respect to the credit-credit participant
organization also
banking operations of the user
ends on the match with rules
clearing, , or date, after the date of adoption by the arbitral tribunal
and the opening
of the inopeningcompetitive production, or date, next for
banking operations licenses
the from the specified dates was earlier. In this case
and dimensions
net of the user-defined is defined by rules
(or) (or) clearing rules. In
net liability with negative
execution of this net obligation
property, of the quality assurance
obligations of the specified clearing, in order and in terms,
set by clearing rules, in size required by
such . of this implementation of the clearing
organization of property provided as security, not
may exceed two days with dates
net liability. Money, security, and (or) other
property, remaining from a clearing organization after
net-obligation of the participant of the clearing, to be returned
clearing organization in clearing, including inclusion
in its bid mass (to the red. Federal Act of 29 June 2015
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N27, st. 4001).
9. The rules, set by this article, are used in
cash, security, and (or) other property,
on the trade account and/or clearing account, including
property, part of the individual clearing , and
team clearing support.
Article 19. Disclosure of clearing activities
Organization and Central Counterparty
(name in red. Federal Law of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
1. The clearing organization and the Central counterparty
provide free access to this
information to all stakeholders regardless of
the purpose of obtaining this information. Federal Act of 29
December 2015 N 403-FZ- Law Collection Russian
Federations, 2016, N 1, st. 23).
2. The clearing organization and the Central counterparty
provide drill-down. Federal Act of 29 December 2015
g. N 403-FZ-Assembly of Russian legislation, 2016,
N 1, article 23:
1) of the constituent documents. Federal Act of 29
December 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
2) of the rules for clearing;
3) annual reports clearing and of the person
of the Central of the counterparty, with the application
audit certificates for the annual reports
annual accounting (financial) of reporting clearing
organization and of the central
counterparty, and also in relation to the contained annual
reports their consolidated financial statements;
4) A list of organizers of trading that are traded in
contracts, clearing of obligations
clearing of the or counterparty (in .
Federal Act of December 29, 2015 N 403-FZ -
MeetingLaws of the Russian Federation, 2016, No. 1, art. 23;
5) Name (name of organizations)
which (which) performs monetary calculations by
results from clearing;
6) name of the counter depository (name of calculated
depositories) that implement (s) related operations
with value transfer
clearing;
7 (operator names) operator
supplies;
8 names of credit organizations, to deposits (in accounts)
money collective clearing
collateral;
9) names of depositaries, in accounts
right pieces of paper that are collective
clearing;
9-1) decisions, adopted by , which is accountable to the board
directors of the clearing organization and of which is assigned
pre- approval of the document (s)
(specified) in 5, 5-1, 8-1 and 9 style="mso-spacerun:yes">
Federal Law ( risks) ( 9-1 )
Federal Act of 29 December 2015 N 403-FZ -
MeetingLaws of the Russian Federation, 2016, No. 1, art. 23;
9-2) The Central
counterparty ( 9-2 )
Federal Act of 29 December2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23);
9-3) Central Counterparty Measures to Limit
size of the Counterparty Counterparty
default or improper performance participant
clearing (para. 9-3 by Federal Law of December 29, 2015
g. N 403-FZ-Assembly of Russian legislation, 2016,
N 1, art. 23);
9-4) stress scenarios, components
stress-testing of the Central Counterparty risks and results
stress-testing in matches Bank requirements
Russian Federation (Paragraph 9-4 was introduced by the Federal Law of December 29, 2015).
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, art. 23);
9-5 Central Precision
counterparty in compliance with Bank of Russia requirements (para. 9-5
By Federal Law of 29 December 2015 N 403-FZ
Russian legislation, 2016, N 1, art. 23;
9-6) operating times
technical and technical operations
central counterparty if they are violated in
number due to of force majeure (para. 9-6
By Federal Law of 29 December 2015 N 403-FZ
Russian legislation, 2016, N 1, art. 23;
9-7) Risk Management
Central of counterparty (Paragraph 9-7 was introduced by Federal Law
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
10) other information that this disclosure provides for
Federal Law and Normative by the Bank of Russia
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
3. Information, part of 2 of this
clearing of the and Central Counterparty
by placing this information on the organization's Web site
or of the Central of the counterparty (in . Federal Act of 29
December 2015 N 403-FZ- Law Collection Russian
Federations, 2016, N 1, st. 23).
4. If you make changes to the clearing rules, including
accepting rules for clearing in a new revision, given changes
(new revision) to be (to be)
clearing organization after it is registered by the Bank of Russia (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
5. requirements
disclosuresclearing of and the central counterparty is defined
The Bank of Russia. Federal Law of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23).
Article 20. Information Security
1. Clearing organization and
Central of the counterparty, must provide privacy
information that is commercial, banking, and other information protected
law of mystery, confidentiality of information about obligations, in
relations of which are clearing, confidentiality of information,
with Part 3
11 Federal Privacy
and trade account invoices
privacy of information about transactions for specified accounts,
which became in with the provision of clearing services and
(or) the central counterparty function.
2. Information and information specified in Part 1 of this
Articles, are provided by a clearing organization or by a person
of the Central of the counterparty, only
participants in the clearing, and can also be granted to other persons with
agreement among the participants of the clearing.
3. Information and information specified in Part 1 of this
articles, provided by clearing organization or
Central Counterparty functionality, to the Bank of Russia
query Bank of of Russia, relevant of this
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, article 4084).
4. Information and information specified in Part 1 of this
Articles, can be given a clearing or
person, implementing the Central of the counterparty, ships
arbitrations (judges), if there is a manager's consent
investigative body for preliminary investigation
in their production, as well as internal affairs at
their detection, warning, and suppression functions
tax crimes.
5. (Part 5 is no more effective under the Federal Act
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23)
Article 21. Order of Dispute Resolution
1. The rules for clearing can define the order of the permission
disputes between participants in the clearing, with the clearing and face
Counterparty
and the clearing organization related with
clearing ( services and (or) with
of the clearing, by the
Central Counterparty, , and Clearing in Order
arbitration is a permanent arbitration court.
2. The arbitration agreement, of the rules for clearing,
is valid regardless of whether has been locked until
or after the cause of the claim is raised.
3. If you make changes to the clearing rules associated with
change of the tribunal, disputes,
true articles, allow by the arbitral tribunal
reasons
to bring suit.
Chapter 4: Manage Clearing Organization Risks and
Central Counterparty
(name in) Federal Act of December 29, 2015 N
403-FZ-Russian legislation collection, 2016, N 1,
23)
Article 22: Clearing Organization Risk Management System
and the Central Counterparty
(name in red. Federal Law of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
1. The clearing organization and the Central counterparty
risk management
implementing or central
and with the property,
match and operations
clearing organization and of the Central counterparty. For
enterprise risk management system clearing
Central counterparty is required to assign the person or
form the subdivision of (in .
Federal Law of Dec. 29 2015 N 403-FZ-Assembly
Russian legislation, 2016, N 1, article 23).
2. of the implementation of with the central
counterparty, as well as in other cases of normative
Acts of the Bank of the Russian (or) of the rules of clearing, execution
commitments, committed to clearing, must be provided
individual and group clearing provision. In specified
cases for an individual and (or) collective agreement
clearing for must be contained in the rules for clearing (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian Federation, 2013, N 30, st. 4084;
Federal Law of June 2015 N 210-FZ - Collection
Russian Federation Federation, 2015, N 27, st. 4001;
Federal Act of December 29, 2015 N 403-FZ -
MeetingRussian legislation, 2016, N 1, article 23).
3. Central Counterparty is required to evaluate every
day, if more assessment is not set by the Bank of Russia or
central counterparty, size of own commitments and size
client commitments
individual clearing of the participant's
consideration of market price of property, subject of obligations
or of the component individual clearing
market prices, for contracts,
derived financial instrument (rev. Federal Act of
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, st. 23).
4. Central The contracting party has the right to make a debt translation and
assignment of requirements of to the user
obligations, from treaties, prisoners
customer account, , and the transfer of the property, of the item
providing fulfillment of obligations, to another participant in clearing in
cases and in order, of which are provided by the clearing rules,
condition of getting from the counterparty to this
participant of clearing, to which translates to
request and is passed property, and to
executes such commitments and (or)
liabilities. Refering property, to be the item
performance enforcement, if
this requirement is counted in
internal accounting of of the Central of the counterparty (in Ed.
Federal Law of June 2015 N 210-FZ -Collection
Russian Federation Federation, 2015, N 27, st. 4001;
Federal Law of Dec. 29 2015 N 403-FZ-Assembly
Russian legislation, 2016, N 1, article 23).
4-1. Central Counterpart is entitled to transfer a debt and
assignment of requirements of the participant's clearing, requirements, from
contracts, prisoners of the client's
(clients), also transferring property, to
security, to another to the counterparty
terms defined by the Operational Interop Agreement
Central counterparties, in agreement with the Bank of Russia. Cases and
and
order in
}
one of the Central Counterparty to another Central Counterparty
set by clearing rules (Part 4-1 introduced by Federal
The law of December 29, 2015. N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, st. 23).
5. The clearing organization is required to approve the document
(documents), defining (s) of the organization
credit, operational, and other risk management systems
number of risks, related to clearing activities with
activities, uninterruptible
software tools
for clearing activities, measures
directed topreventing and resolution of conflict
the and clearing
activities. requirements for on the document
(specified documents) are installed by the Bank's acts
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).
5-1. Central Counterparty must approve the rules
Central Counterparty Risk Management
that should define measures, risk reduction
Central of the counterparty and risks related
Central Counterparty Activity with Other Activities
measures, taken by the Central Counterparty in Cases
non-standard and emergency situations that may prevent
normal performance of a central counterparty, , and
targeted for ensuring such
activity. Requirements for Management System Rules
Central of the counterparty is set to
Acts of the Bank of the Russian Federation (Part 5-1 is introduced by Federal Law of 29
December 2015 N 403-FZ- Law Collection Russian
Federations, 2016, N 1, st. 23).
6. The clearing organization is obliged to have a risk committee. Not
less than of of the must be
representatives of the clearing's participants (to the red. Federal Law of 29
December 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, st. 23).
6-1. of the clearing of central
counterparty < of the risk
to be representatives of the clearing's participants. In the Committee
risks should include of the clearing
independent members (tip board members
Clients (Part 6-1
Fed by Law 29 December 2015 N 403-FZ-Assembly
Russian legislation, 2016, N 1, article 23).
7. Central Counterparty is required to implement monitoring
financial sustainability in cases
The Bank of Russia's legal acts are set by the Bank of Russia. FederalAct of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, st. 4084; Federal Act of
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, st. 23).
8. Central Counterparty is required to perform an evaluation
potential effects of on its financial state of a series of
changes in risk (stress scenarios)
match exception, but likely
(stress-testing of risks), and estimation of fidelity
Central Counterpart Comparator
predicted Scoring Values
actually observed values of this metric (estimate
accuracy of a central counterparty model), to provide information
Stress-testing results for participants in clearing and in
Bank of Russia in the order and dates, of which are set by
Acts of of the Bank of of Russia. At the same time
Central counterparty represents the results of the evaluation in the Bank of Russia
Precision of the Counterparty Model (in . Federal
Act of December 29, 2015 N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, st. 23).
8-1. Central Counterparty is required to approve the method
stress-testing the Counterpart Counterparty
estimates of the Central of the counterparty, of the requirement
of which are established by Bank of Russia regulations (part 8-1
)was introduced by Federal Law from 29 Dec. 2015 N 403-FZ
Russian Federation Law Assembly, 2016, N1, Art. 23).
8-2. Russia has the right to determine stress scenarios
Central of the and route recommendations for change
Central
poor results of stress testing and (or)
Central Counterparty Model Precision Assessment (Part 8-2 )
Fed by Law 29 December 2015 N 403-FZ-Assembly
Russian legislation, 2016, N 1, article 23).
9. The clearing organization is required to approve the document
determinative of the
extraordinary circumstances that can prevent
normal clearing activities, and directed
to ensure continuity of such activities.
Article 23. Individual clearing support
1. The individual clearing is
ensuring compliance of participants ' obligations to clearing
to clearing, , and (or) pay pay
clearing organization and organizations specified in 4- 7
Thepart 2 of the Federal of the law. Property,
the individual of the individual of the security
Thecan be used to fulfill the specified obligations.
2. Unless otherwise provided by by individually
clearing , requirement is provided individually
clearing provision for this requirement
has to the moment of satisfaction, in particular interest, penalty,
damages caused by late execution.
3. The of the participant clearing the clearing organization
must provide a separate accounting of the participant's property
clearing, of the individual clearing
(or) performance of this of this clearance
execution at the expense of other clients.
4. of the individual clearing
provisioning can be provided request provisioning
property, of for individual clearing
security, to and (or) post-contract, commitments
are provided by individual clearing services.
5. property transfer in individual
clearing
The Ministry of Finance of the Russian Federation.
6. Property intended for individual clearing
security, can amount to money in rubles and (or)
foreign currency, securities, Other Property,
The Bank of Russia'sspecified normative acts. Additional
property requirements, that can be individually
clearing provision, in number of them, can be
set by the individual clearing provision.
Property, encumbered by bail, cannot be individual
clearing providing (in . Federal Act of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
7. The money transfer for
individual clearing, implemented by
bank account and (or) clearing
bank account.
8. Transfer for Individual Clearing
security, rights to which can be implemented
in depots depots, implemented by enrolments
securities on the trade account of the depot and (or) clearing account of the depot.
9. Transfer of other property other than cash and
valuable paper, in individual clearing can
Enrollment Trading
commodity account and (or) clearing product or other
ways, by of individually
clearing security.
10. Individual clearing provision occurs since
Cash, Securities, or Other Property
corresponding trade account and (or) clearing account, and
case of a different method of transferring assets to security
from moment, defined by the individual clearing
collateral.
11. Proceeds of personal property
clearing services, are credited to the individual clearing
security, if other does not
individual clearing provision.
12. The clearing organization has the right to use in
cash interests, being the subject of individual
clearing provision, if is provided by
individual clearing . In this is money
tools, that are the individual of the clearing
security, credited to a clearing organization by its own
bank account. Clearing is required to return in
individual cash clearing in
sum of and time, required to meet requirements,
Secured by individual clearing services.
13. individual clearing
may be minimal required money
(cost of other items), of the individual
clearing security. At this, if money
(Property of Other Properties), of the Individual
clearing support, is less than the minimum required,
individual clearing
set of the call to pass to
individual clearing provision for additional property, a
also order and the time of this of the job. If amount
money ( property), items
individual clearing is minimal
required, individual clearing provision
may be the
return of the piece of property, to an individual
clearing, , and implementation times
this right.
14. individual clearing
may be also have the right to replace
property, that is the individual of the individual clearing
security, with the consent of the clearing organization, and order and
Thetimeline for exercising this right.
15. Satisming Requirements, By Secured
clearing, for failure or improper
execution of the of its obligations is implemented
clearing organization by choice in the following ways:
1) by passing the specified property to the account in
execution of the obligation secured by the individual clearing
collateral;
2) by selling the specified property with
by the creditor by obligations, by the secured individual
clearing acquisition, or for for
assets and transfers to the creditor;
3) by purchase of the individual clearing account
Other Property }
creditor obligations, s individual
clearing;
4)
and Other Contractsregulatory acts of the Bank of Russia, and by passing
property received by contracts, payable to the creditor (ed.) Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
16. If of the individual clearing
securities, approved to organized trading,
sale is implemented in on trades. In this
clearing organization may participate in organized trades
without license (s) for which (s) according to
Federal is the condition for participation in organized
tendering. sales of such
sales of are sold in in
individual clearing agreement
collateral.
17. If of the individual clearing
property, not specified in Part 16 of this article,
sale is implemented in order,
individual clearing support. Bank Regulations
Russian can sales requirements
Property, of the individual clearing provision (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
18. Transfer of property, being the subject of an individual
clearing , is implemented by by
commitments, by individual clearing
providing, from of the property's property,
defined in the order specified by the individual
clearing . Bank of Russia regulations
be set requirements to
cost (in red. Federal Act of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084).
19. selling or transferring property,
individual clearing , amount,
received from sale, and (or) cost, for Property,
the individual of the individual of the security
transferred to the creditor in commitment, read out
clearing organization in order, of rules
clearing, for fulfillment of secured obligations.
20. If requirements
individual clearing provision, the sum, from
sales of property, such a provision, , and
(or) cost, to which property, the item
individual clearing security, transferred to the creditor to account
performance , is greater than Secured
claims, the difference is returned to the debtor of the clearing.
21. Satisming Requirements with Property,
individual clearing item, implemented
without notice of the debtor - of the debtor
or Other of the Public Authority (Local Authority
self-government), public tenders
cases, when
agreement for individual clearing provision. Agreement
about individual clearing provision can be provided
other conditions, compliance for satisfaction
claims for property that is the subject of an individual
clearing security.
22. The collection of property, being the object
individual clearing in
insolvency (bankruptcy) of a member of the clearing, and arrest
specified assets are implemented based on 18 requirements
true Federal Law.
23. If of the clearing contract
contributor returns property,
individual clearing providing, , or money .
Amount of money to return to clearing
organization of a participant of a clearing, is determined based on cost
property, of the individual clearing
calculated per day of termination of the clearing services. Order of Property,
money defined in matches
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).
Article 24. Collective clearing services
1. Collective clearing is the method
ensuring compliance with any of the obligations of any
clearance, in matches with satisfaction
requirements, for secured team clearing, in
cases, of of the collective clearing
security, in property account,
subject of the team clearing for
warranty . Satisming Requirements, Secured
team clearing provision, in order,
similar order,
Federal law.
2. Warranty fund is formed by clearing organization for
account for contributions from clearing and other persons. No person
or obligation of the obligation to make
such contribution, is required to compensate for the loss, for the clearing
organization, to the central
counterparty, other participants of the clearing as a result of default or
improper performance of the specified obligation.
3. Requirement for to submit estate to the warranty
propagates to the Bank of Russia and the Ministry of Finance
Federation.
4. Warranty should be separate from
clearing organization on clearing account (clearing accounts).
rules
hedge funds. Various guarantee funds can be located on
one clearing account.
5. Warranty can be money in
rubles and (or) foreign currency, securities, and other
property defined by normative by the Bank of the Russian Federation.
Additional requirements for property that can
warranty fund, including its composition, can be installed
Thefor the collective to provide. Property,
collateral, cannot constitute a guarantee fund.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
6. The Contribution Order Order
set by the collective clearing agreement
in compliance with Russia's Acts (in Ed.
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
7. Clearing organization, if required by agreement
o collective security clearance to the right according to
Regulatory Requirements of the Bank of the Russian Place Money
funds, components of the Guarantee Fund, in in credit
organizations. The revenue is included in in
Warranty of the fund, if does not
team clearing) Federal Act of the Russian Federation
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, st. 4084).
8. The clearing organization has the right to use in
interested money of the fund of the fund, if
is provided by a collective clearing provision agreement. In
this money of the foundation of the trust fund
clearing organization its bank's account.
clearing organization is required to return to the foundation
money in amount and time, required
Requirements, of Secured Team Clearing
collateral.
9. of the failure to perform
participant of clearing obligations, approved for clearing, property
such as of the clearance, component of the foundation,
is used to meet the requirements for such obligations.
If the specified property is insufficient in the order provided
collective clearing provision, used
Property of other persons, part of the guarantee fund. In this case
specified Member is required to refund
used property.
10. If this is provided by with the collective
clearing provision, clearing to the right by
guarantee of the fund to provide loans to the
function of the counterparty, or to the clearing,
commitments that included in the pool,
condition for to provide or conclude with
repo treaties and other treaties, provided by the normative
Acts of the Bank of of Russia. All obligations to
must be executed within 10 working days from date
(in Ed. Federal Law of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
11. Under contracts concluded by a clearing organization by
guarantee fund, clearing organization acquires and
becomes mandatory.
12. The clearing organization performs all legal and
actual actions, required to satisfy requirements
liabilities from the guarantee fund.
13. Expense, Related Requirements
commitments, specified in Part 9 of this article,
and by the clearing organization
specified in Part 11 of this article,
warranty.
14. Perfecting to the guarantee fund of a transaction with
requirements, set by this article, does not
invalidation of this transaction. By specified of the transaction clearing
Anorganization is responsible only for its own assets.
15. If of the clearing contract
contributor returns property,
warranty fund, , or money. Sum of money
return of the user's to return based on
Property value, of the component of the guarantee fund, calculated
clearance clearing
in proportion to the contribution of such a clearing participant. In if
Warranty Foundation is formed not only with contributions from participants
clearing, but also with contributions of other persons, rules of clearing should
be defined by conditions and property return order,
them in the warranty fund, , or money . Sum of money
funds, to be returned to such persons, are determined by
Property value, of the component of the guarantee fund, calculated
for day, defined by the clearing rules, proportionally to the contribution
. Order of Property Value Definition, and Date
money defined in matches
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).
Chapter 4-1: Property Pool
(Chapter 4-1 was introduced by Federal Law of June 29, 2015). N 210-FZ
Russian Law Assembly of the Russian Federation, 2015,
4001)
Article 24-1: Property Pool
1. The property pool is the clearing
organization in the [ [ }
The
stock of the security and of the property. Pool Property
clearing of from
property. Each property has
an individual symbol that identifies to
other property pools.
2. the property can be valuable
cash, including foreign currency. Normative
Acts of the Bank of Russia can be set by a list of other property,
which can contribute the property to the pool. Property,
A security deposit cannot be entered into a property pool.
3. The party has the right to contribute to the pool
property, owned by or to customers.
Member who has contributed property to the property pool, named
Aparticipant in the pool.
4. Transfer of property to the property pool does not raise
transfer ownership of transferred property to clearing
organization.
5. Securities rights, transferred in property
is accounted for on the clearing account and on
sub-account of clearing account, open to the owner
paper, nominal holder, foreign nominal
or trustee.
6. Money funds, passed to in the property or
clearing of property contract
Thepool, are credited to the bank's clearing account. Clearing
organization that has formed a property pool maintains separate accounting
money , contributed every by the
Cash received in the property pool.
7. The clearing organization at the request of the pool participant should
maintain separate internal accounting of money and other assets
client of this pool participant passed and (or) in
A property pool.
8. Property, The property in the pool, is
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024} { \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
Clearing of the organization's property
Thepool. Property, Property Pool (except
cash), separate from property, other
property pools, from other property of pool members individually
clearing account for the organization, to
Theclearing product of the organization's clearing account. Property,
passed one by in property (for
exception of money unites with property,
transferred to such a property pool by other pools, , and
isolates separately on a separate subaccount
subaccounts that open to clearing for or
clearing commodity account in to separate property
part of the property pool.
9. Order of Order of the Pool of the Pool, Orders
property, parts of the pool, defined by clearing
organization forming the pool in property pool
conditions are defined by the clearing rules.
10. The organization of the organization
Theproperty pool does not require state registration. Solution
to form a property pool must contain name
depot with central storage of clearing
certificates of participation and inclusion certificates.
11. Clearing organization that has formed a property pool
right to use funds included
in a pool if this is provided by property
pool. In this money is
clearing organization that formed the pool,
bank account. Clearing of the -formed pool
must return money to the property pool in
sum and the time required to execute commitments
Theproperty pool contract.
(Article 24-1 was introduced by Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
Article 24-2. Property Pool Agreement
1. property pool
clearing organization and can be accepted by clearing participants
which conform to the requirements of the requirements,
only by acceding to the specified contract as a whole.
2. In addition to the provisions stipulated in Part 9 of Article 24-1
true Federal law, property
must contain:
1) determine the property that can be added to the pool
2) The nominal cost of the participation certificate;
3) Rights of the Owner's Clearing Certificate;
4) Rights and Responsibilities of Pool Participants;
5) The rights and responsibilities of the clearing organization that formed
pool, including and clearing certificates
;
6) how to publish a Solution for Property
pool;
7) Order and expiration times for a property pool;
8) order in clearing registers of records
in the property pool;
9 (or) order (or)
property pool;
10) Other conditions and/or information according to with
Federal law.
3. The property can
following locations:
1) The pool to the requirement of the clearing requirement
organization if cost of the property contributed to the pool is reduced
add property to the pool. this cost
property is defined in order,
property pool and clearing organization documents;
2) the client- request
participant in pool to repay owned clearing certificates
participation, cost of which is greater than
property put into the pool
3)
}
{
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
clearing participation certificates, if
contributed to the pool has increased. 4. If the property in the pool contains locations,
Part 3 of this
must determine the or
responsibilities, order of valuation of property, to be
pool submission, order and date , definition order
number of participation certificates to be granted or
repays.
5. Clearing organization that has formed the property pool
in order and in dates, of
property pool, is required to determine the property value,
contributed in the pool by the pool. In
property pool may be specifies
Property to Property Pool or
exception from the pool, performs other actions, for
and rights
Theproperty pool contract. The can be
only the clearing organization or settlement depository. 6. Clearing organization that has formed the property pool is responsible for the members of the pool in for
damages in damages in
requirements of this Federal Law, other federal laws
and the property pool contract.
7. The property pool can be
pool member right to replace previously submitted to property, a
if such property is valuable paper, valuable
papers in which was converted valuable paper,
Thepool in the property of the pool.
property pool must provide
and orderto implement this replacement.
8. pool has the right to reject
property pool only if
clearing certificates.
9. Property can be terminated clearing
organization only after clearing all
hosting certificates.
(Article 24-2 was introduced by Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
Article 24-3. Participation clearing certificates
1. Clearing Non-emission
documentary bearer a valuable paper with required
central storage, of the clearing organization
formed property pool, and the entitlement
owner to require for the clearing organization
Thenominal cost when is defined by .
Specified rights and their implementation conditions must be contained in
Thedocument, to be required of the centralized storage.
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}
securities.
2. Accounting and navigation client permissions
matches with rules,
The Civil Code of the Russian Federation and the Federal Law
22 April 1996 N 39-FZ Securities Market for
undocumented security.
3. Total nominal costs for the certificates
should match with in
property pool value of property, transferred
Thethat member of the pool to the property pool.
4. Pool's Single Property Pool
have the same nominal value.
5. Owner of the client's clearing
participant of pool, right to require from theorganization's clearing
redemption of all or portions of clearance certificates
attending to repays
hosting and missing pool participant
Property obligations under the property contract of the pool. On
clearing clearing certificate for clearing organization
must be returned from the property of the property, this
bullet, for exceptions
federal laws and/or a property pool agreement.
6. If the participant of the Pool request repays
all given client-clearance participation, clearing
an organization is required to issue all property contributed by this participant
pool. If a pool participant is charged with a part of
participation certificates participation Definition
property, contributed in to in links
requirement, , and
Theproperty pool contract.
7. Owner's clearance certificate owner is not
participant of pool, right to require from theorganization's clearing
repaying its clearing certificates of participation only
in cases defined by the clearing rules.
(Article 24-3 was introduced by Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
Article 24-4. Limiting the turnover of clearing certificates
participation
1. The participation participation can be
rego agreement with Central Counterparty or Bank of Russia or in
order of universal succession. Clearing certificates
membership can be to be individual the clearing .
Conclusion Other Contracts with Securities
exception 2 of this article, not
is allowed.
2. Bank of Russia may demand from clearing organization
formed property pool, clearing
certificates of participation at their nominal cost in if seller for first part of contract with clearing certificates 'participation' with the Bank of Russia 'did not fulfill its obligation'
second part of the repo agreement. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } participation { \cs6\f1\cf6\lang1024
Bank of Russia is operating in order, by rules
cleared.
(Article 24-4 was introduced by Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
Article 24-5. End-of-obligation and calculation guarantees
for Clearing-Participation Certificates
1. Recourse to collection of pool participants ' debts, including
in insolvency (bankruptcy), property, component
property Pool, not is allowed, for exceptions
provided by Federal Law of 2 October 2007 N 229-FZ
'About executive production'.
2. In the
owner of clearing certificates whose property is not
contributed to the property pool, and against the owner of clearing
{ \cs6\f1\cf6\lang1024 } Credit organization certificates { \cs6\f1\cf6\lang1024
}
Banking License money
remaining 18
Federal participant's clearing obligation law
arising from treaties, for for of this owner
clearing participation certificates, to return participant
clearing such owner of clearance certificates, in
to include in its estate.
3. In the
member of clearing certificates who owns clearing certificates
whose property has not been contributed to the pool, in
relationship to a credit organization also in the case
recall licenses for operations money
tools, remaining
real Federal of the law such
participant, to return to the number in
included in the estate.
4. In the
owner of clearing property
is placed in the property pool, and in of the owner of clearing
{ \cs6\f1\cf6\lang1024 } Credit organization certificates { \cs6\f1\cf6\lang1024
}
banking licenses licenses and other
property of such owner, made to a property pool, to be owned
sales in organized trades and (or) in the clearing.
Money tools, remaining after on
18 Federal Net obligation
pool participant, counted by clearing organization on clearing
bank account in the order set by article 24-1
Federal Law, and are to be returned to the owner, in
number of inclusion in the estate.
5. In the
owner of the client's client participation certificate
clearance, in the relation of clearing
certificates of participation, of the client of the client
credit of the organization, in
{ \cs6\f1\cf6\lang1024}Bank{ \cs6\f1\cf6\lang1024
}{ \cs6\f1\cf6\lang1024}Clearing
clearing organization exposes with rules information needed for completion
definition of a net contributor's commitment, from
contracts, of the account for of this clearing account
certificates of participation.
(Article 24-5 was introduced by Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, Art. 4001)
Chapter 5: Management of clearing activities and
monitoring its implementation. Regulation
Activity of the Central Counterparty, Supervision, and
tracking it
(name in red. Federal Law of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23)
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
clearingof the Central Counterparty (to the red. Federal Law
of 29 December 2015 N 403-FO - Law Collection
Russian Federation, 2016, N 1, art. 23;
2) sets to for and
Central Counterparty (to Federal Act of 29 December
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23);
3) supervises compliance with the Central Counterparty
requirements of this Federal Law and adopted according to
with it Bank of Russia regulations and watching for
centralcounterparty Counterparty
your activity, and the development of the Central of the counterparty
The basis of the Bank of Russia's recommendations Federal Act of 29
December 2015 N 403-FZ- Law Collection Russian
Federations, 2016, N 1, art. 23);
3-1) performs watching compliance
software tools in
Central of the counterparty third individuals, requirements,
TheBank of the Russian software
Central Counterparty (paragraph 3-1 introduced by Federal by Law
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
4) sets requirements for the order of clearing;
5) performs rules
Otherdocuments clearing of and counterparts
matches in Federal
the law, and set registration (in .
Federal Act of December 29, 2015 N 403-FZ -
MeetingLaws of the Russian Federation, 2016, No. 1, art. 23;
6) licensing clearance activities;
7) assigns a central counterparty status (in
Federal Law of December 29, 2015. N 403-FZ-Assembly
Laws of the Russian Federation, 2016, No. 1, art. 23;
8) defines the order for the accreditation
organization, for the operator of the commodity supply operator, and
also the order of revocation of accreditation;
9 performs accrediting organizations that
commodity supply operator functions (in Federal Act of
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
9-1) performs Counterparty
Squalified ( 9-1 -typed by the Federal
December 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23);
9-2) sets the requirement to about the operating
Central counterparts ( 9-2 )
Fed by Law 29 December 2015 N 403-FZ-Assembly
Laws of the Russian Federation, 2016, No. 1, art. 23;
9-3) installs requirements for programmatically
Central counterparty tools and network communications, in
number in the location ( 9-3 )
Federal Act of 29 December 2015 N 403-FZ -
MeetingLaws of the Russian Federation, 2016, No. 1, art. 23;
10) defines terms of the estimate
native clearing organizations that are not
credit organizations, also set different requirements,
to reduce the risk of implementation by such organizations
clearing activity;
11) sets requirements for the risk management of the clearing
organization, and implementation
internal audit and internal audit of clearing organization
(Ind. Federal Law of June 29, 2015. N 210-FZ-Assembly
Laws of the Russian Federation, 2015, N 27, art. 4001);
11-1) sets requirements for to individual and
team clearing , , and
{ \cs6\f1\cf6\lang1024}Central Counterparty Assets{ \cs6\f1\cf6\lang1024
}
of which the central counterparty and the participants in the clearing have the right
open trade and clearing ( 11-1 )
Fed by Law 29 December 2015 N 403-FZ-Assembly
Laws of the Russian Federation, 2016, No. 1, art. 23;
12) establishes central-risk management requirements
counterparty, stress-testing stress and estimation of model accuracy
Central Counterparty (to Federal Act of 29 December
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, art. 23);
13) performs stress-testing risks
counterparty (in Federal Law of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23);
14) defines clearing rule clearing
organizations and s Central counterparts, and
to provide information to the participants of the clearing. Federal
the law of December 29, 2015. N 403-FZ-Legislative Assembly
Russian Federation, 2016, N 1, art. 23;
15) sets the amount, order, date, and form of the view
in Russia reports, and clearing information
organizations, individuals, s central
counterparties, and Part
7true of the Federal of the law Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084);
16) ( 16 is excluded by the Federal Law of November 30, 2011
g. N 362-FZ-Legislative Assembly of the Russian Federation, 2011,
N 49, art. 7040)
17 sets requirements for and to protect
information, related to the implementation of clearing activities and
Central Counterparty Function and Expiry if
order and expiration of specified information are not set
federal laws and in with
pieces of legislation (rev. Federal Law of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, st. 4084; Federal Act of December 29, 2015. N 403-FZ-
Russian legislation, 2016, N 1, art. 23;
18) approves of the examinations for
qualifying individuals in in the clearing line
defines and order for organizations
performing specified validation in the form of a qualification
exams and qualifying qualifications
conducts accreditation s specifies types
forms of qualification certificates and maintains a register of certified persons;
19 invalidates qualifications
repeated or <> <}
requirements of this Federal Law and adopted according to
with it normative legal acts (to the red. Federal Act of 21
November 2011 N 327-FZ - Collection of the Russian
Federations, 2011, N 48, art. 6728);
20 Organize Organizations
physical of the clearance
activity, and performs feedback
accreditation in case of violation of specified conditions;
21 performs control clearing
the requirements of this Federal Law and accepted
in of the Bank of Russia (reed.
Federal Law of 23 July d N 251-FZ - Collection
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Act of December 29, 2015 N 403-FZ -
MeetingLaws of the Russian Federation, 2016, No. 1, art. 23;
22) tests clearing organizations
and the of the central counterparty function, in order
The Bank of Russia's legal acts are set by the Bank of Russia. FederalAct of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, art. 4084);
23 takes Federal measures
directed on termination and prevention of violation of requirements
true Federal Law and adopted in with
The Bank of Russia'snormative acts Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084);
24) accesses the Arbitration Court with
legal
activitiestrue Federal Law, without corresponding licenses, and in
other cases of the federal laws (in .
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
25) exchange confidential information in
personal data, with the body (organization)
Foreign on the basis for an agreement with that body
(organization), of mutual such
information, under condition, of the state law
corresponding of is notless
security of confidential information,
security of the information
provided by Russian legislation, and in the case of
international
treaties of the Russian Federation, in accordance with the conditions of such
contracts;
26) (Para. 26 is no valid under Federal Act
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084)
27 performs functions other
Federal Act and other federal laws.
2. When exercising control over clearing organizations, a
Also Watt Counterparty Central Counteragents
Russia to the right Federal Law of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23):
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) receive from clearing organizations and individuals
function of the Central counterparty
documents and information, including information, access to which
limited or prohibited matches with laws
explanations in writing or orally. If Access to Information
limited or prohibited matches with laws
(query) about canprovide this information
sent (sent) by the Chairman of the Bank of Russia, his deputy
or Other By the Russian Chairperson
order and form, installed by Bank's s
Russia, in the case of verification (in the red. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, st. 4084; Federal Act of
December 30, 2015 N 427-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 47);
4) address in
Federation Order in bodies of the search activity, with request for operations activities; 5) ( 5 expired by Federal Act 23 July 2013 N 251-FZ- Assembly of the Russian Federation, 2013, N 30, art. 4084) 2-1. Monitoring Central Counterparty includes the following Bank of Russia activity: 1) monitoring; 2) Evaluate Central Counterparty Activity 3) prepare for the results of 2
Part of Evaluating the Activity of the Central
counterparty.
(Part 2-1 is introduced by Federal Law of December 29, 2015). N
403-FZ-Russian legislation collection, 2016, N 1,
23)
2-2. Watt
counterparties are defined by the Bank of the Russian (part of
2-2 was introduced by the Federal Law of December 29, 2015. N 403-FZ-
Russian Federation Law Assembly, 2016, N1, Art. 23).
3. Controls of the Russia control in
compliance with the authority of the presentation
service and based on the
tests, adopted by the Chairman of the Central Bank of Russia,
Russian
Committee
Other People inmatches with normative Acts Russia, have
unfettered in clearing organizations
faces of the Central Counterparty, , and, if it is
required for validation, into other organizations ' premises
which contains software-hardware,
commit, handling and info storage
clearing activity ( and
responsibilities of the Central counterparty), authority to documents
and information (including information that is restricted
or denied matches with
required to control, also
software-to-commit software, processing
and the storage of the specified information. of the Federal Law of
December 2015 N 427-FZ-Law Assembly of the Russian Federation
Federations, 2016, N 1, st. 47).
4. The Bank of Russia requests from the [ [ organization]]'s [ [ organization]],
main counterparty, , and other physical and legal and
clearing activity ( and
responsibilities of the Central counterparty), documents required for
issues in of Russia's
through mail, faxes, or delivery
destination or in the form of electronic documents, signed enhanced
qualified electronic in order, installed
Bank of of Russia. In the destination of in the form
queries
one of the day from to the day that they are sent to the destination
order, by the Bank of Russia, provided that the Bank of Russia
received receipt of the specified requirements and queries in
{ ed } { specified } The Federal Law of dated 13 July
2015 ( N 231-FZ-Assembly of Russian legislation,
2015, N 29, est. 4357).
4-1. The Bank of Russia has the right to assign
representatives in the Central counterpart.
delegate delegate of the Russian
right:
1) participate in without
Central Counterpart Management and Central
counterparty
Central Counterparty;
2obtain information and documents from the central counterparty
about the activity of the central counterparty.
(Part 4-1 is introduced by Federal Law of December 29, 2015). N
403-FZ-Russian legislation collection, 2016, N 1,
23)
4-2. Central Counterparty must represent
Russia
information and documents about Central Counterparty Activity and Not
prevent from the delegate's delegate
Russia. Order of the Central Counterparty
Information and documents to the authorized representative of the Bank of Russia
is set by the Bank of of the Russian Federation. Authorized Bank Representatives
Russian are for the Bank of Russia. Assignment Order
Russia's delegate
stopping their activity of is set by the Bank of Russia
(part 4-2 was introduced by the Federal Act of December 29, 2015). N
403-FZ-Russian legislation collection, 2016, N 1,
23).
5. Information that constitutes bank secrecy is presented in
Thebank of the Russian the written request. Form
Thespecified query is defined by the Bank of Russia. This request can
be sent by the President of the Bank of Russia, by his or her deputy or
other authorized Chairman of the Bank of Russia (in Ed.
Federal Law July 2013 N 251-FZ -Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law 30 December 2015 N 427-FZ-Assembly
Russian legislation, 2016, N 1, article 47).
6. In the requirements
true Federal of the law, matches in with
regulatory acts of the Bank of Russia and rules of clearing, and for purposes
termination and prevention of such violations by the Bank of Russia
direct orders required for execution by persons
they are addressed, by mail, by fax or
by service on the recipient or in the form of electronic documents,
enhanced qualified
order, by the Bank of Russia. Rule must contain
requirement of the Bank of Russia, for questions, in
terms of reference, as well as an indication of how long to run it. In Direction
Requirements
Received d { \expo
} after one day of work
directions to contact in order, set by the Bank of Russia,
condition, that the Bank of Russia received acknowledgement of receipt of the mentioned
and
Federal Law of July 2015 N 231-FZ -Collection
Russian legislation, 2015, 4357).
7. In the case of a violation of the clearing organization,
person, of Central Counterparty Features, Requirements
true Federal law, rights, and legitimate interests
investors, or if committed by specified organizations
actions threaten the and legitimate investors
Bank of Russia has the right to suppress or restrict
hosting a clearing organization, by the person who performs the functions
Central counterparty, individual operations, related
clearing activity, by and
responsibilities of the central counterparty, for
six (in ) Federal Law of 23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, article 4084).
8. or Restriction Requirement
operations
Commitments, to the call to
times for the clearing organization or central
counterparty Requirements of the Bank of Russia, including obligations,
included in the clearing pool Federal Act of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, st. 4084; Federal Act of December 29, 2015. N
403-FZ-Russian legislation collection, 2016, N 1,
23).
9. The Russian Bank's can be appealed in
arbitration tribunal. Submitting the declaration
specified invalid completely or partially
suspends this requirement (in . Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, est. 4084).
10. The Bank of Russia is required to ensure the confidentiality
and information in
true Federal Law, except in cases of disclosure or
providing information according to federal laws
other normative legal acts of the Russian Federation (ed.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
Article 26. Licensing of Clearing Activities
1. License to conduct clearing activities (hereinafter referred to as)
license) is issued by the Bank of Russia without a limitation of its validity.
The specified license is issued to the person who intends to receive this
license (hereinafter-the license crawler), if licensed
and conditions, in with Part 2
true article Federal Law of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
2. Licensed requirements and conditions for license
the requirements of this Federal law
compliance with other regulatory legal acts:
1) to organizational-legal form;
2) one or multiple
organizational units of for clearing activity, in -how to combine specified activities with different activities; 3) to your own tools; 4 to or or
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, of shares of (shares) clearing
organization, control and more than votes
shares (shares), constituent
the license for the license applicant (licensee);
5) Single
executive body, members of the board (observatory
tip), members of executive board, manager
internal audit services, internal audit manager
(comptroller), master or other official
clearing organization,
accounting accounts, in case -clearing
activities with other activities
structural organizational unit for implementation
clearing activities. of the Federal Law from 29 June
2015 N 210-FZ-Assembly of Russian Legislation,
2015, N 27, art. 4001);
6to the rules for clearing;
7) Internal control organization
8) to a document, documents, defining rules for your organization
risk management system (in the form of a risk management system) Federal Act of 29 June
2015 N 210-FZ-Assembly of Russian Legislation,
2015, N 27, st. 4001).
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;
b) members of the board (supervisory board) and members
collegiating executive body (if created)
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
implementing clearing activity in
clearing activities with other activities;
e) Internal Audit Manager ('e ' entered
Federal Law of June 2015 N 210-FZ -Collection
Laws of the Russian Federation, 2015, N 27, art. 4001);
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 organization's clearing
order 5 and more percent
voting shares (shares), components of the authorized capital of clearing
organization, and also copies of documents and the statement of the specified persons
confirming requirements for for
persons under this Federal Law;
9 approved
clearance
document, defining organization and implementation
internal control, the document that defines the order of the organization and
internal audit implementation, and -defining
rules for organization of risk management system (in the red. Federal
Act of June 29, 2015 N 210-FZ - Legislation
Russian Federation, 2015, N 27, Art. 4001);
10) Document, containing calculation of the size 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 - The legislature
Federation, 2013, N 30, art. 4084);
11) A copy of the balance balance on the last reporting date.
The
}
license;
12) document containing detailed information
Tools and accounts receivable at the last reporting date by
form, set by Bank of Russia regulations. Document Not
is represented by the credit (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, art. 4084);
13) a copy of the profit and loss report for the last reporting
date. The document does not appear to be a credit-seeker
;
14) financial investment structure. Help
is represented by a credit license by the organization.
The date of the estimate of the property.
referenced 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;
15) copy of the audit certificate
(Accounting) for the last reporting year;
16) copies of documents, public
registering all releases of the company's and report
shares, in the case, if the license applicant is
joint-stock company;
17) document confirming payment of state fee for
granting a license;
18) Document, part of 9 of this
Federal law.
4. The license must be signed by the person
Single Organ, or
President of the applicant's body
licenses, confirming reliability
contained in the documents submitted for the license.
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 - The legislature
Federation, 2013, N 30, st. 4084).
5-1. In if if is the document referenced in Part 3, paragraph 3
real s article, is not represented by an applicant, cross-sectoral
query of the Bank of the Russian executive
State registration of legal
physical entrepreneurs
peasant (farm) farms, provides information
Single public registry of legal entities (Part 5-1 entered
The Federal Act of 3 December 2011 N 383-FZ - To
Russian legislation, 2011, N 49, article 7061;
to the red. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
5-2. if if specified in Part 3, paragraph 5
true article, not represented by the applicant, by intersecs
query of the Bank of the Russian executive
control
taxes and collections provide information
tax authority (Part 5-2 introduced by Federal
December 2011 N 383-FZ-Legislative Assembly
Federation, 2011, N 49, st. 7061; red. Federal Act of 23
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
5-3. In , if the document specified in Part 3, paragraph 11
true article, not represented by the applicant, by intersecs
query of the Bank of the Russian executive
implementing official statistical
information, provides the annual account balance of the applicant
licenses (contained in it) last
reporting date (Part 5-3 introduced by Federal Act of 3 December
2011 N 383-FZ-Assembly of Russian Legislation,
2011, N 49, st. 7061; red. Federal Act of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, article 4084).
6. of the Russian performs the compliance check
and and
license crawler, (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
7. Documents, for for the license,
is accepted by the Bank of Russia if appropriate
decorating. of the incomplete document bundle
or documents, formatted in the wrong image of the Bank of Russia
returns license licenses in 10
working days since the receipt of the license request (in .
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
8. Russia's decision about to issue a license or a
refusing her extradition within two months of all
required documents, of to obtain a license (in
Federal Law of 23 July 2013 N 251-FZ - Collection
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
Theform of the Bank of of Russia according to its approved form. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
11. Bank of Russia within five working days
The corresponding of the directs (hands out) a license applicant notification of license or
extradition that contains the basis for such a failure. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
12. Grounds for refusal of license are:
1) presence in documents, of the license finder
incomplete or false information
2) mismatched documents
licenses, requirements of this Federal Law and adopted
matches with it's of the Bank of the (in
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
3) failure to provide information in with
Parttrue article;
4) non-compliance with licensing requirements and conditions.
13. License has right of to challenge in order,
Russian Federation Law, Bank Failure
Russia in the issuance of a license or omission of the said body (to the red.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
14. Document, License to be licensed, to
redecorating in if you change the brand name and (or)
places of the organization's clearing
clearing of the clause,
organizational-legal form again of the person's legal legal
complies with the requirements of this Federal Act.
15. Reorder document, confirmation
licenses, executed based on the licensee's statement or its
successor, in which specifies new information about the licensee
or successor and to
proof of incorporation into the Single State Register of Legal
faces of to change its brand name and/or place
resulting of the clearing organization and payment
government duties for redecorating
confirming for the license. In if documents
proof of incorporation into the Single State Register of Legal
faces to change the corporate name of a legal entity and
(or) its location or legal entity entry
in of the organization's clearing
represented by the Russian Central Bank's Interagency Request
federal executive authority
state registration of legal individuals
Quality of of individual entrepreneurs and Peasers
(farm) households, provides evidence of
making corresponding entries in the Unified Public Registry
legal faces. redecorating
supporting for the license, is the licensee in
Russian Bank Later <
corresponding changes unified registry legal entities (ed. Federal Act of 3 December 2011 N
383-FZ -Collection of Russian legislation, 2011, N 49, article 7061; of the Federal Act of 23 July 2013. N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084).
16. Realizing document, confirmation
licenses, implemented within 10 working days from receipt
TheRussian all the documents. Decoration
supporting license is not allowed in
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
clearing organization, notification of 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, of 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. In the implementation of the license,
clearing activity (hereinafter-the license registry). Order of Maintenance
license registry, in reorder
include information, , and order to provide statements from
it is set by the Bank of Russia. Federal Act of
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, st. 4084).
20. Information, Included in the registry of licenses, must be
The official website of the Bank of Russia on the Internet is posted on the official website of the Bank of Russia.specified information, in particular, Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, art. 4084:
1) full and abbreviated names of the licensee;
2) license number;
3) the date the license decision was issued;
4) licensed activity;
5) where the licensee is located;
6) the taxpayer's identification number is a licensee.
21. The Bank of Russia provides extracts from the Register of Licenses in
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. Registering Clearing Organization Documents
and the Central Counterparty
(name in red. Federal Law of December 29, 2015.
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
1. The clearing organization is required to register with the Bank
Russia the following documents and
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, art. 4084:
1) rules for clearing;
2) the document, that defines the order of organization and implementation
internal control;
2-1 a document, defining and
internal audit ( 2-1 ) Federal
Law of June 29, 2015 N 210-FZ-Legislative Assembly
Russian Federation, 2015, N 27, Art. 4001);
3 A document that defines of the system
risk management (in the environment) Federal Law of June 29, 2015. N
210-FZ -Russian Law Assembly, 2015,
27, Text 4001).
1-1. Central Counterparty is required to register with the Bank
Russia's following documents and changes:
1) rules for clearing;
2) rules for organizing central risk management
;
3 The focus of the capital base
;
4) stress testing stress
;
5) The methodology for estimating the accuracy of the central counterparty model.
(Part 1-1 of the Federal Act of December 29, 2015). N
403-FZ-Russian legislation collection, 2016, N 1,
23)
2. The Bank of Russia accepts the
covered by this article, and changes made to them, or not later than 30 days from
refusing to register them
relevant documents, if is not
Theprovided by the Bank of the Russian Federation . Registration
Clearing and of the Central Counterparty and
changes are made by the Bank of Russia in order,
The Bank of Russia's legal acts are set by the Bank of Russia. FederalAct of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, st. 4084; Federal Act of
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, st. 23).
3. of the Clirating
document activity specified in Part 1 of this
article, is implemented with appropriate
licenses.
3-1. Counterparty Assignment
registering documents given parts 1 to 1 of this article
Central
counterparty (part 3-1 introduced by the Federal Act of December 29
2015 N 403-FZ-Assembly of Russian legislation,
2016, N 1, st. 23).
4. to deny registration of documents and contributed
changes are:
1) non-conformation of documents submitted to
Federal
matches with Bank of the (in
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, art. 4084);
2) presence in documents registration
incomplete or false information.
Article 27-1. Assign Central Counterparty Status
The central of the contracting can be
legal
Federal Law, Other Federal
compliance with legal acts (art. 27-1 introduced
Federal Act of 29 December 2015 N 403-FZ -
MeetingRussian legislation, 2016, N 1, article 23).
Article 27-2. { \cs6\f1\cf6\lang1024
} CentralAssignment Ordercounterparty
1. Assigning a Central Counterparty to
Russia in order, Federal
Law and regulatory acts of the Bank of Russia, simultaneously with
implementation of clearing activities.
2. For the acquisition of Counterparty
applicant submits a corresponding statement to the Bank of Russia
Central Counterparty
State Registration and License Issue
in Operations, Licenses
clearing activity, documents,
1-1 Federal
law, other documents provided by the normative Bank acts
Russia.
3. When Assignment of the Central
counterparty Bank performs compliance check
crawler requirements of the Federal of the law, other
federal laws passed by with
legal acts, number contained in the submitted documents. 4. The decision to assign or in in assignment Central counterparty is accepted by the Russian time,
greater than six months from the date of submission of the relevant documents,
covered by Part 2 of this article.
5. The Assignment Assignment
counterparty if:
1 of the applicant's requirement
Federal Law, Other Federal
compliance with regulatory legal acts;
2 untrusted information
documents submitted by the applicant.
6. The legal
central counterparty, and official of the central counterparty is placed in Russia's
information and telecom networks ( in networks
Internet).
(Article 27-1 was introduced by Federal Law of December 29, 2015).
N 403-FZ-Russian Federation Law Assembly, 2016, N
1, Art. 23)
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) based on the organization's written statement
to revoke the license;
2) if the Bank of Russia's order for a ban on theis not met
to conduct all or parts of operations (ed.) Federal Law
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, art. 4084);
3) in repeatedly in one year of default
in the clearing organization of the bank's requirement
Russia, with the exception of the requirement specified in paragraph 2 of this
parts (reed) Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084);
4) in the case of repeated one of the
violationmore 15 report reports
provided by federal laws and adopted according to
normative legal acts by the Russian Federation in
clearing activity;
5) repeated in for one year of violation
requirements for disclosures Federal
Laws and regulatory legal acts of the Russian Federation,
clearing activity;
6) repeated in for one year of the violation
clearing of requirements, of the requirements
Federal Law and matches it
regulatory legal acts;
7) If the clearing activity was not performed during
1.5 years in a row;
8) if the clearing organization is declared bankrupt.
2. The decision to revoke the license is taken by the Bank of Russia
in order and time, set by by the [ [ Bank of the Bank]]
Russia. In , the license revocation order is based on
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 Statement of Claim
clearing can can
accepted only Clearing organization
attendees, intent to cancel
license and about to fulfill all obligations in relation to
faces (in the red. Federal Law of December 29, 2015. N 403-FZ
Russian Federation Law Assembly, 2016, N1, Art. 23).
4. license invalidation is discontinued
right Bank Russia invalidate the license
other Theenvisaged by this Federal Law (under the law). Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, est. 4084).
5. revoke licenses must be attached
documents, conditions,
part 3 of this article. Exhaustive list
documents is set by the normative by the Bank of the Russian Federation.
of the license signed the person
Single Organ
a licensee that supports for the information
containing in documents for invalidation
licenses (to the red. Federal Law of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084).
6. Documents, submitted by clearing for
cancellations licenses taken by the Bank of Russia for review
of all images
documents. In the case of the incomplete bundle is appropriate
documented Bank returns
documents of clearing organization within 10 working days since
to receive a license revocation statement (in the red. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, est. 4084).
7. The annulment of the license based on a declaration
clearing organization may not
accepted in Russia Checking time
which is not completed (in Federal Act of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, article 4084).
8. The Statement of Claim
clearing organization about revoke a license or solution
is accepted for 30 working days with
Theday of receipt of the documents received to revoke the license.
9. The Bank of Russia is required to notify the licensee of the cancellation
licenses no later than the working of the day, for commit
corresponding decision, by the link
(custom postage with about
fax (e-mail). Commit Information
license revocation solutions open on an official site
The Bank of Russia on the Internet no later than the working day, of the following
is the day of its adoption. Federal Act of 23 July 2013
N 251-FZ-Legislative Assembly of the Russian Federation, 2013, N
30, article 4084).
10. The clearing organization is obligated to stop implementation
clearing activity later
receipt of a license cancellation notice, no later than 15
working days from the day of the appropriate decision.
11. The clearing organization, for which the license has been revoked
on implementation of clearing activity, is required to exclude from
brand name word "clearing" derived from it
words and combinations with it for three days
Russia's license revocation (in Ed.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
12. The [ [ clearing]] organization has
arbitration license revocation
cancellation of the clearing license
organization, as well as avoidance of cancellations
the license to the application of the clearing organization.
13. The license action is discontinued from the decision day about
the license revocation, from the bottom of the Single state
registry of legal entities of the clearing organization liquidation
or Termination in of the reorg
exception to reorg in the form of conversion).
Article 29. Temporary Administration Assignment
1. the license revocation
exceptions, provided by paragraphs 1, 7, and 8 of Part 1
Article 28 of the Federal of the Law,
reasons, 1 1 Federal
laws of 26 October 2002 N 127-FZ " About insolvency
(bankruptcy) ", Bank of Russia appoints to clearing organization, not
credit by organization, temporary
case, if the organization has been revoked from
executes
clearance, in
individual clearing and contribution
to the Guarantee Fund (to the red. Federal Act of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, article 4084).
2. By the decision of on the appointment of the provisional administration of the Bank of Russia
approves the composition of the interim administration. In activity period
interim administration of executive
clearing organization may be restricted or Paused
The Bank of Russia
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
3. The administration
is the headtemporal administration, (if necessary) and
members of the administration's interim . Manager (Alternate
manager) Administration of the administration is assigned to the Bank employee
Russia. Order of Target Administration and Rules
activity is determined by Bank of Russia regulations.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
4. The interim administration cannot be appointed:
1) The person who performs the single function
organ, (alternates), persons, to the board
directors (supervisory board) and executive
organ, master accountant (accountant), head of auditing
commission and members of an audit commission (auditors),
internal audit s
internal control for the organization, and
specified officials of its principal or subsidiary societies (under
Federal Law of June 2015 N 210-FZ - Collection
Laws of the Russian Federation, 2015, N 27, art. 4001);
2) creditors and (or) debtors of the clearing
organization, in includes the participants in the clearing, and the
persons and employees of specified creditors and (or) debtors;
3) participants in the clearing organization, and their
faces and labor;
4) Spouses top
lines, sisters, brothers and relatives of descending
parents, children, sisters and brothers of the spouse referred to in paragraph 3
Thereal part.
5. The Administration of is acting on behalf
clearing organization without trust for any
legal and actual actions.
6. The temporary administration receives from employees clearing
organization and others the information needed and in
Properties for Clearing Organization and Property
clearing, of the clearing organization, takes action on
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}{ \cs6\f1\cf6\lang1024
}
goals of the clearing. Temporary
administration access to Software-Hardware
fixing, handling and storage in
relationship to this property, , and access to
specified information.
7. If the interim administration is exercising its functions,
Federal
signs of insolvency (bankruptcy) of the organization,
head of interim administration appeals to arbitration with
A statement that the specified organization is declared bankrupt.
8.
Theof the organization's clearing . Representatives of the Bank of Russia
included in Administration's
rewards from the clearing organization (in Ed. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, est. 4084).
Chapter 6: Final provisions
Article 30. Final provisions
1. Post-accession clearing activities
only
Thereason for the license provided by this Federal Law.
2. Part 1 of this article does not apply to
organizations, implementing provided by this Federal
law
Federal of the law. These organizations must get
ByFederal
hosting or stopping
such activity before January 1, 2013.
3. Implementing Activity and Other
of the person
Federal activity
true Federal Law, persist until 1 January2013
years or before the date of the entry into force of the clearing rules
true Federal The Bank of Russia has the right to extend
specified before January 1, 2014 (red) Federal Act of the Russian Federation
23 July 2013 N 251-FZ-Legislative Assembly of the Russian Federation
Federation, 2013, N 30, st. 4084).
4. (Part 4 is no more effective under the Federal Law
December 29, 2015 N 403-FZ-Legislative Assembly of Russian
Federations, 2016, N 1, art. 23)
Article 31. Entry into force of this Federal Law
This Federal law comes into effect from January 1, 2012
years.
Dmitry Medvedev
Moscow, Kremlin
7 February 2011
N 7-FZ