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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on 6 July 2012 Approved by the Federation Council on July 18, 2012 (In the wording of federal laws of 28.12.2013) g. N 420-FZ; of 05.10.2015 N 275-FZ Article 1 Article 84-1, paragraph 7 of Federal Law of 26 December 1995 N 208-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2006, N 2, est. 172; 2007, No. 31, sect. 4016; 2011, N 48, sect. 7.28), amend to read: " 7. The provisions of this chapter do not apply: , when acquiring more than 30 per cent of the shares of the equity investment fund established in accordance with Federal Act No. 156 of 29 November 2001 on investment funds; Article 30 of the Central Bank of the Russian Federation "On Central Bank of the Russian Federation". dated 22 April 1996 N 39-FZ " On the securities market " (Russian Federation Law Assembly, 1996, N 17, p. 1918; 2002, N 52, sect. 5141; 2006, N 2, sect. 172; N 31, sect. 3437; 2009, N 23, 100 2770; N 29, st. 3642; 2010, N 41, sect. 5193; 2011, N 29, est. 4291; N 48, sect. 6728) supplement paragraph 27 with the following: " 27. The requirements of paragraphs 19 and 20 of this article shall not apply to the Central Bank of the Russian Federation in the event of the acquisition of the appropriate number of shares (votes) for the first part of the repo agreement the performance of the second part of the treaty for a period of not more than 30 days, and subject to the second part of the treaty to be executed within the time limit set by that treaty. ". Article 3 Article 3 (Part two Tax Code of the Russian Federation (Collection of Russian legislation, 2000, N 32, art. 3340, 3341; 2001, N 1, st. 18; N 53, est. 5015; 2002, N 22, Text 2026; N 30, sect. 3027; 2003, N 1, sect. 2; N 28, est. 2886; 2004, 27, sect. 2711; N 34, st. 3524; N 45, est. 4377; 2005, N 30, sect. 3130; 2006, N 10, est. 1065; N 31, est. 3436; N 45, sect. 4628; N 50, st. 5279; 2007, N 23, sect. 2691; N 31, sect. 3991; N 45, sect. 5417; 2008, N 30, est. 3616; N 48, st. 5504, 5519; N 52, sect. 6237; 2009, N 29, sect. 3598; N 48, sect. 5731, 5737; N 51, est. 6155; N 52, sect. 6455; 2010, N 25, 100. 3070; N 31, st. 4198; N 32, sect. 4298; N 45, sect. 5756; N 48, st. 6247; N 49, sect. 6409; 2011, N 1, st. 7; N 27, est. 3881; N 29, st. 4291; N 30, est. 4583, 4593; N 45, est. 6335; N 48, sect. 6731; N 49, sect. 7014; N 50, stop. 7359) the following changes: 1) in article 149: (a), point 2, paragraph 2, should be added to the following: " 12-2) the following services in the market of securities, goods and currency markets: services, provided by registrars, depositaries, including specialized depositaries and central depository, dealers, brokers, securities managers, investment fund managers, mutual funds, and Non-State pension funds, clearing organizations, by the trade organizers of the relevant activities; services provided by the organizations referred to in the second paragraph of this subparagraph directly related to the services they provide in The scope of the licensed activity (on the list established by the Government of the Russian Federation); accredited by the Federal Act of 7 February 2011 N 7-FZ "Clearing and clearing activity"; acceptance of obligations to be included in the clearing pool provided by central counterparties under a clearing licence activities, or subject to their accreditation under the Federal Act of 7 February 2011, N 7-FZ "Clearing and Clearing Activity"; price, demand, supply and/or volume of organized Market Maker trades in accordance with Federal Act No. November 2011 N 325-FZ "On organized tenders"; "; (b) in the first paragraph of paragraph 3 of paragraph 3 of the word" (except brokering and other intermediaries) "to be replaced with" (except brokering and other brokering services, not 2 of this article) "; 2) (Federal Act of 28 December 2013). N 420-FZ) Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4562; 2004, N 27, sect. 2711; 2006, N 17, sect. 1780; 2007, N 50, sect. 6247; 2009, N 48, sect. 5731; 2010, N 17, est. 1988; N 31, sect. 4193; N 41, sect. 5193; 2011, N 48, sect. 6728; N 49, sect. 7040) the following changes: 1) Article 3, paragraph 2, should read: " 2. Shareholders of the Joint Stock Investment Fund may not be a specialized depositary, registrar, audit organization, as well as a natural person or legal entity, with which, in accordance with the requirements of the Federal Act of 29 July, In 1998, N 135-FZ "On evaluation activities in the Russian Federation" may conclude an evaluation contract (hereinafter referred to as the valuator) if the persons referred to in this paragraph have concluded relevant contracts with this equity investment fund. "; Paragraph 3 of article 7 should read as follows: " 3. Written notification of the convening of a general meeting of the shareholders of the equity investment fund shall be sent to the specialized depositary, the assessor and the audit organization in the order, form and time stipulated by the Federal Law " On of joint-stock companies "and the charter of the equity investment fund for the notification of shareholders of the equity investment fund."; 3) in article 8: (a), paragraphs 1 and 2 of paragraph 1, amend to read: " 1) employees of a specialized depository, registrar, audit Organization of a joint-stock investment fund, its assessor-a legal entity, persons engaged by the said organizations for the performance of the work (provision of services) under civil contracts, as well as valuer of the equity investment fund- a natural person; 2) affiliated persons of a specialized depository, registrar, appraiser and an audit organization of the equity investment fund; "; b), paragraph 6 should read: " 6. To the exclusive competence of the board of directors (supervisory board) of the joint stock investment fund, together with the resolution of issues stipulated by the Federal Law "On joint-stock companies", the decision on conclusion and termination is taken of the relevant contracts with the managing company, with the specialized depositary, with the registrar, the assessor and the audit organization. "; 4) in article 11: (a), paragraph 2, paragraph 2, should be supplemented with the words" except cases provided for by this Federal Law "; b) Paragraph 4-1, amend to read: " 4-1. Managing company contracts with a specialized depositary, with the person conducting the register of the owners of the mutual funds of the mutual investment fund (hereinafter-the register of the owners of the investment mutual funds), the appraiser and the audit organization prior to the filing of the rules of trustful management by the mutual fund for registration, the management company consists of a management company without stating that it acts as a trustee for the mutual fund of the mutual fund and must contain condition that from the end date of the formation of the The investment fund is considered by the managing company as trustee of a mutual fund manager with the name of the mutual fund of the investment fund. "; , paragraph 6, amend to read: " 6. In addition to the substantial terms of the trust management agreement, the mutual funds provided by the Civil Code of the Russian Federation and this Federal Law, the rules of trust management by the mutual funds of the mutual funds must be fulfilled contain one of the following conditions: 1) the owner of the investment shares of the right on any working day to require the management company to pay off all the investment shares belonging to him and thereby terminate the trust agreement the management of the mutual investment fund between it and the management the company or the payment of part of its investment shares; 2) the owner of the investment shares of the right on any working day to require the person authorized by the managing company (hereinafter referred to as the authorised person) to purchase all of them or part of the investment funds belonging to it and the right to sell them on the exchange specified in the rules of trust management of the mutual investment fund, under the conditions stipulated in such rules, and the owner of the investment payees who are by an authorized person within the time limits established by the rules of trust management of the mutual fund, demand from the managing company to repay all the investment shares owned by him and thereby terminate the trust management agreement with the mutual investment fund between it and the managing company, or the payment of part of the investment shares owned by him; 3) the owner has the right to demand from the management company the right within the period established by the mutual trust fund management rules of the mutual fund liquidating all investment payees and discontinuing of subjects the most trustful management of a mutual investment fund between him and the managing company, or the payment of part of the investment shares owned by him; 4) the owner of the investment bank has no right to demand from the manager The company of termination of the agreement of trust management of the mutual investment fund before the expiry of its validity, except in the cases provided for by this Federal Law. "; g) to supplement paragraph 6-1 as follows: " 6-1. For the purposes of this Federal Law, mutual funds, the rules of trust managed by one of the conditions referred to in paragraph 6 of this article shall be referred to as open mutual investment funds, respectively, by the exchange mutual funds, the interval mutual investment funds and the closed mutual investment funds (also types of mutual funds). "; 5) article 12 should be added as part of the fifth content: " If this is provided by the rules of trust management of the stock exchange mutual fund, the term of the trust management agreement is considered extended for the same period if the owners of the investment funds, who are authorized persons, did not demand the repayment of all investment funds. of this fund. "; 6), article 13, paragraph 2, should read: " 2. The trust fund management of the closed mutual fund and the stock exchange mutual fund may transfer money as well as other property in accordance with the investment declaration contained in the rules of trust. Management of the respective fund, if the possibility of transferring such property is established by the normative legal acts of the federal executive branch of the securities market. "; 7), article 13-1, paragraph 7, should read as follows: " 7. In the case of the investment payback of the closed mutual fund investment fund and the stock exchange mutual fund after the completion of their formation, if the rules of trust management of the respective fund provide for the possibility The payment of non-monetary investment funds, the transfer of property to the investment payees and the inclusion in the corresponding fund shall be carried out in accordance with the rules laid down in Article 13-2 of this Federal Law. "; 8) in article 13-2: a) in paragraph 18 of the word " not later than three working days "to replace the words" no later than five working days "; b) to supplement paragraph 19-1 as follows: " 19-1. In case of refusal by the federal executive branch of the securities market to register changes and additions to the rules of trust management of closed mutual funds in the part concerning the number of issued investment payees of this fund, pursuant to article 19, paragraph 6, paragraph 6, of this Federal Act, property transferred to the payment of the investments of the fund and the proceeds, including the proceeds and the payment of securities, shall be returned to the persons who transferred the funds. property in payment of investments of this fund, within the time limits provided for in the The rules of trust management of the closed mutual investment fund. The investment payoff of such a mutual investment fund at the same time as the return of the property is to be repaid, regardless of whether the owner of such investment funds has claimed to be repaid. The managing company is obliged to send to the federal executive branch of the securities market a notice of return of property no later than three working days from the date of return of all property and proceeds provided for by the present ";"; 9), article 14 should read: " Article 14. Investment costs 1. Investment pay is a name of the owner's ownership of the property, which is a mutual trust fund, and the right to require the management company to properly manage the mutual funds The investment fund, the right to receive monetary compensation upon termination of the trust fund management agreement with all the owners of the investment shares of this fund (termination of mutual funds of the mutual fund). The Investment Open-account Investment Fund also certifies that the owner of the payee is required by the management company to pay off the investment payment and the payment of the cash compensation corresponding to the It has a share in the ownership of the property, which is part of the fund, on any working day. The investment share of the stock exchange trust fund also certifies the owner of this payday in any business day to demand from the authorized person the purchase of an investment stake at a price commensurate with his/her share in the investment. The right to ownership of the property, which is part of the fund, and the right to sell it on the exchange listed in the rules of trustful management of the mutual funds of the mutual funds in accordance with the terms and conditions stipulated by such rules. The investment share of the stock exchange's investment fund shall also certify the right of its owner, who is the authorized person, within the period established by the rules of trust of the fund, to require the management company to repay The amount of the investment payout and the payment of this monetary compensation proportionate to its share in the ownership of the property which is part of the fund or, if so provided by the rules of trust by this fund, has discharged its share in the right of common ownership of Property that is part of this fund. If the rules of trust management of the stock exchange's mutual fund account for the payment of income from the fiducials management of the property of the fund, the investment share of this fund shall also prove the right of its owner to the fund. income generation. The Investment Paet of the Investment Fund also certifies that the owner of the payee is required by the management company to pay off the investment payment and the payment of the monetary compensation in proportion to that amount. the share in the right of common ownership of the property, which is this fund, at least once a year during the period determined by the trust rules of the fund. The closed mutual fund investment fund also certifies that the owner of the payee is required by the management company to pay off the investment payment and the payment of the monetary compensation proportionate to the amount claimed. the share of the right of ownership of the property, which is part of this fund, in the cases stipulated by this Federal Law, the right to participate in the general meeting of the owners of the investment mutual funds and, if the rules of trust management The fund provides for the payment of income from trust management The right to receive such income is the property of the fund. Each investment pool shall certify the same share in the ownership of the property of the mutual investment fund. Every investment has the same rights, except in cases prescribed by this Federal Law. 2. Investment pay is not an emissive securities. The rights certified by the investment payday are recorded in a non-documentary form. The number of investment shares issued by the managing companies of the open, interval and exchange mutual investment funds is not limited. The number of investment shares issued by the managing company of the closed mutual investment fund is stated in the rules of trust management of the fund. 3. Investment pay has no nominal value. 4. The number of investment payees belonging to the same owner can be expressed as a decimal number. The emergence and modification of the fractional part of the investment shares of their owners is permitted in connection with the issuance or exchange of investment shares, the settlement of an outstanding part of the investment pay in accordance with paragraphs 3 and 8 of Article 17-1 of this Federal Law, the partial repayment of investment payees in accordance with article 17, paragraph 6, subparagraph 3, of this Federal Act, or the payment of investment payees in accordance with article 14, paragraph 4, paragraph 4, of the present Federal Law of the Federal Act, as well as in other cases provided for by legal acts The federal executive branch of the securities market. Treatment and elimination of the fractional part of an investment share are allowed simultaneously with an investment share. The withdrawal of the fractional part of the investment pap without a whole investment payoff is allowed only if the owner of the whole investment is absent. The fractional part of the investment is granted to the owner of the right granted by the investment share to the amount corresponding to the part of the entire investment share it makes. For the purposes of reflection in the rules of trust management of the closed mutual fund investment fund, all fractional part of the investment shares of this fund are added together. In case the addition results in a fractional number, the number of investment epieals issued in the specified rules is expressed as a decimal number. If one person buys investment shares with two or more fractional part of the investment epi, these shares form an entire investment pay (investment payoff) and (or) fractional part of the investment pay that are equal the sum of these fractional parts. 5. Investment shares are freely able to be made at the end of the formation of the mutual investment fund. Restrictions on the circulation of investment projects may be established by federal laws. Accounting rights are recorded on the personal accounts in the register of owners of investment payees. The accounting of the rights to investment shares on the face account of the nominal holder may be exercised in the event that this is provided for by the rules of trust management of the mutual funds. 6. The specialized custodian, the registrar, the audit organization and the valuer with which the relevant contracts for the mutual investment fund are concluded by the managing company may not be the owners of the investment payees. a fund. "; 10) in article 14-1: (a), in paragraph 2, the second sentence should read as follows:" To recognize persons as qualified investors in accordance with federal law in the issuance of investment payers limited to turnover, right only the managing company, which issues these investments "; b) add the following: " 8. The managing company of the closed mutual investment fund, whose investment shares are limited in circulation, has the right, if it is provided by the rules of trust management of the fund, to acquire the said investment shares in its formation. At the same time, the managing company can only transfer money to the payment of investment payers, and after acquiring the investment shares is not entitled to make transactions with them, except for the sale of a part exceeding the share in the total amount issued investment payees, which may belong to the managing company. Investment shares of the closed investment fund do not provide the managing company with the right to vote at the general meeting of the owners of the investment payees. A change in the type of a mutual investment fund whose investment shares belong to the managing company is not allowed. In the case of the transfer of rights and obligations under the contract of trust management by a closed mutual fund, the managing company, to which the rights and obligations are transferred, is entitled to purchase from the owners of the investment shares of this fund. "; 11) to supplement article 14-2 as follows: Article 14-2. Admission of investment payees of the stock exchange's equity investment fund to organized trading exchange 1. The admission of investment payees of the stock exchange mutual fund to organized trading, conducted by the exchange, which is specified in the rules of trust management of this fund, is carried out on the basis of the agreement (s) of this exchange with the management. by the company and (or) authorized person (authorized persons) and subject to the conclusion of the exchange with the participant (s) of the contract (s) for the maintenance of prices, demand, Proposals and (or) volume of trade organized by investment funds stock exchange fund. Unless otherwise provided by the agreement with the market maker of the stock exchange fund, its obligation to maintain the prices, demand, supply and/or volume of organized trading by the investment payees of the stock exchange investment fund (hereafter also-the obligation The market maker) shall terminate from the date on which the fund ceases to be terminated. 2. The contract (s) of the exchange with the management company and (or) authorized person (authorized persons) provided for under paragraph 1 of this article shall be concluded (concluded) before the date of submission of the rules of trustee. a mutual investment fund or changes and additions to the rules of trust of the fund in the federal executive branch of the securities market, and (should) provide: 1) the order of determination the date of the start of organized trades held by the exchange, which cannot be The date of completion (end) of the formation of the stock exchange mutual fund; 2) the corresponding rules of trust management of the exchange mutual fund investment fund the value of the maximum deviation of the purchase price (sale) investment paev, publicly announced market-maker of the stock exchange market at organized trades held by the exchange, from the estimated price of one investment pa. The maximum deviation may not exceed 5 per cent of the calculated price of one investment pa; 3) the rules for determining and disclosing the estimated price of one investment pay as required regulatory legal acts of the federal executive branch of the securities market; 4) the procedure and deadlines for providing the management company with the exchange of information on the stock exchange investment fund and the composition of the information; 5) the corresponding rules of trust management of the stock exchange The investment fund is the volume of transactions with investment pauses at the organized market trading, committed by the market maker of the stock exchange during the trading day, after which the market maker's responsibility for the market maker is closed on that day, If the trust rules of the fund provide for a specified amount; 6) the appropriate rules of trust management of the ETA during the trading day by the market maker stock market obligation of market maker if the rules of trust Management of the fund has a specified period. 3. The rules of organized tenders held by the exchange should include the suspension of organized trading by the investment shares of the stock exchange's investment fund in the event of changes in the conditions of organized (regulated) markets or changes Other market conditions that can significantly affect the market-maker's ability to perform the market-maker's duty. 4. The admission of investment payees of the stock exchange mutual fund to organized trading conducted by the foreign exchange is carried out in accordance with the personal law of the listed exchange. At the same time, the rules of trust management of the stock exchange's investment fund or amendments and additions to them that provide for the admission of investment payees of the stock exchange investment fund to organized trades held by foreign exchange may not be registered earlier than the day of the foreign exchange's duty to admit the said investment pabids to organized trading. 5. The market-maker of the stock exchange may also be an authorized person. "; 12) to supplement paragraph 2-1 with the following content: " 2-1. In the case of the State registration of property rights to be included in the investment fund, the registered right must contain information that the owners of the property and the data on them shall be placed on the property. based on the personal accounts of the owners of the investment payees and the accounts of the owners of the investment mutual funds, with the name (individual designation) of the mutual fund of the investment fund. "; 13) Article 17: (a) in paragraph 1: sub-paragraph 6 Revision: "6) the full corporate name of the audit organization;"; subpara 18 should read: " 18) the size of the remuneration of the managing company and the total remuneration of the specialized Depository, registrar, audit organization and assessor, if the investment declaration of the mutual investment fund provides for the possibility of investing in property, assessment of which under this Federal Act Evaluator; "; b) to supplement 1-1 with the following content: " 1-1. The rules of trustful management of a stock exchange mutual fund, together with the particulars referred to in paragraph 1 of this Article, shall also contain the following particulars: 1) the names of all authorized persons from whom the owners investment payees of the stock exchange mutual fund have the right to demand the purchase of their investment shares of this fund; 2) the names of the Russian stock exchanges, to organized trades where investment payees are allowed and on that the market makers of the stock market are obliged to support prices, demand, Offering and volume of trading by the investment payees of the stock exchange investment fund; 3) the value of the maximum deviation of the purchase price (s) of the investment shares, publicly announced by the market maker in an organized auction, conducted by the exchange, from the estimated price of one investment pay. "; in paragraph 3: , paragraph 4, shall be declared void; sub-paragraph 6 is worded as follows: " 6) priority right of the owners of the investment payees, for by the exclusion of the fund manager of the fund, to acquire the investment shares of the fund issued upon completion (end) of its formation, as well as the procedure for the exercise of this right. "; , paragraph 6, paragraph 6, shall be stated in the following wording: " (3) the possibility of partial repayment of investment payees without the application by the owner of the investment payers of the requirement of repayment in the cases and in the manner prescribed by the regulatory legal acts of the federal authority of the executive branch of the securities market; "; d) to supplement Item 6-1, to read: " 6-1. The rules of trustful management of a stock exchange mutual fund may provide for: 1) to pay the proceeds from the fiducially management of the property that make up the fund, in accordance with the requirements of the regulatory legal framework. Acts of the federal executive branch of the securities market; 2) on the allocation of shares of securities or other property in connection with the repayment of investment payees under this Federal Law; 3) deals with investment transactions at organized exchanges trading by the market maker of the stock exchange during the trading day, after which it ceases to be the market maker on that day; 4) on the trading day during the trading day of the market-maker of the stock exchange. The duty of the market maker 5) to allow investment shares of this fund to be organized by the foreign exchange, with the name of the exchange. "; 14) in article 17-1: (a) in paragraph 1: sub-paragraph 2 should read: " (2) the need approval by an investment committee (all or a number of owners or individuals designated by them) of the assets of the mutual funds, and (or) the exercise of rights a member of a business society whose shares or shares constitute this fund; "; add the following to sub-paragraphs 3 and 4: " 3) the right of the managing company to deny any person in receipt of an application for purchase (...) (...) (...) Exclusion of investment payers in favour of those who are not the owners of the investment shares of this mutual fund, except in cases of alienation of investment shares resulting from universal succession, including Reorganization, distribution of assets of the dissolved legal entity and other cases established by the federal executive branch of the securities market; 4) the remuneration of a member of the investment committee from property, a component of a mutual fund, with an indication of its size or order the definition of the remuneration as well as the conditions for its payment. "; (b) paragraph 6 should read as follows: " 6. If the rules of trust management of the closed mutual investment fund require the approval of the investment committee to deal with the assets of the mutual fund, and (or) the actions related to the implementation The rights of a member of an economic society whose shares or shares constitute this fund, the rules in question must be defined: 1) the transaction and (or) the actions that require approval, and the order of their approval; 2) the procedure The formation of an investment committee and its decision-making procedure. "; in) add the following: " 6-1. The investment committee cannot include the managing company, its officials and employees or its appointee. "; .) to supplement paragraph 9 with the following: " 9. In the event that the rules of trust management of a closed mutual investment fund provide for the acquisition by the management company of the investment shares of the fund, the rules shall also provide for a share in the total amount issued investment payees, which may belong to the managing company. At the same time, the issuance of investment payees is effected without an application, and the funds of the management company are transferred to the payment of the investment pans to the bank account, opened in the name of the managing company in accordance with paragraph 2 Article 15 of this Federal Act, which is not applicable to the transit account. The number of investment payers owned by the managing company may not exceed 10 per cent of the total number of investment fund shares of this fund. "; 15) in article 18: (a), paragraph 3 should read as follows: " 3. The general meeting is convened by the specialized depositary to decide on the transfer of rights and obligations under the trustee of the mutual investment fund of another managing company on the written request of the owners Investment projects comprising at least 10 per cent of the total number of investment shares at the date of the requirement to convene a general meeting, and in the event of cancellation (termination) of the operating licence of the managing company Investment Funds Management, mutual funds and Non-State pension funds (hereinafter referred to as the license of the managing company) or the court's decision on liquidation of the managing company-on its own initiative. Convening a general meeting at the request of the owners of the investment mutual funds is carried out within the period defined by the mutual trust fund management rules, which may not exceed 40 days from the date of receipt of such requirement, except If a general meeting was refused. This refusal is permitted if the requirement of the owners of the investment shares to convene the general assembly is not in conformity with this Federal Law. "; b), paragraph 4 should read: " 4. In case of cancellation (termination) of the license of the management company and the licence of the specialized depositary of the general meeting, to decide on the transfer of rights and obligations under the mutual trust fund management agreement Another managing company may be convened by the owners of the investment payees, amounting to not less than 10 per cent of the total number of investment shares at the date of the request for the convening of the general assembly. "; next revision: " 1) approving changes and completions in The rules of trust management of the closed mutual investment fund related to: , with the modification of the investment declaration, except in cases where such changes are due to changes in the regulatory legal acts of the federal authority The executive branch of the securities market, which is subject to additional restrictions on the composition and structure of assets of mutual funds; with an increase in the remuneration of the managing company, specialized the depositary, the person who carries out the register of owners investment payers, adjusters and auditing organizations; , with the expansion of the management company's list of expenses to be paid from the property of the closed mutual investment fund, excluding those related to payment and/or refunds of tax and other obligatory payments paid by the management company from the property comprising the mutual funds of the mutual funds; with the introduction of discounts due to the payment of investment shares or an increase Their size; , with a change in the type of the equity investment fund; with the introduction, exception or modification of the need for the investment committee to approve transactions with property comprising a closed mutual fund investment fund and (or) actions related to the exercise of the rights of the participant of an economic society whose shares or shares constitute the fund, as well as other provisions on the investment committee; with the determination of the number of additional investment payees from the closed mutual investment fund that may be issued after its completion; c a change in the share of the total number of issued investment shares, which may be owned by the managing company; with the modification of other provisions of the rules of trust by the closed mutual funds of the company by the normative legal acts of the Federal Executive in the Securities Market; "; g) to supplement paragraph 12-1 as follows: " 12-1. Changes and additions to the rules of trust management of closed mutual funds should be submitted for registration to the federal executive branch of the securities market not later than 15 working days from the day of adoption a meeting of the decision to approve such changes and additions. "; d), paragraph 13, amend to read: " 13. In the event of a decision to approve changes and additions to the rules of trust of the closed mutual fund or decision on the transfer of rights and obligations under the confidential management agreement, The Fund of another managing company, or the decision to extend the term of the trustee of the fund, the owners of the investment payers who voted against the decision shall acquire the right to demand the payment of all or Part of the investment paeas belonging to them as of the date of listing, entitled to participate in the general assembly. The payment of monetary compensation in such cases is determined by the regulatory legal acts of the Federal Executive in the securities market. "; 16), article 19 should be amended to read: Article 19. Registration by the federal executive branch of the securities market of the trust fund management of the mutual funds investment fund and changes and additions 1. The management company has the right to propose a mutual trust fund management agreement only if the securities market is registered by the federal executive branch of the securities market. The changes and additions to the rules of trust of the mutual funds of the mutual fund enter into force if they are registered by the federal executive branch of the securities market. The procedure for the registration of the rules of trust fund management and registration of changes and additions to them, including requirements for the composition and content of documents submitted for registration, shall be established by the federal authorities. by the executive branch of the securities market. 2. Registration of trust-fund management rules and registration of changes and additions to them is effected at the request of the managing company and registration of changes and additions relating to the transfer of rights and obligations A contract of trustful administration of a closed mutual fund in case of cancellation (termination) of the license of the managing company from the managing company,-upon application of the specialized depositary, and in case of cancellation (Termination of) the license of the managing company of the managing company and The licence of a specialized depositary of the specialized depositary, on the application of the interim administration. 3. The Federal Executive branch of the securities market is responsible for the compliance of its registered rules of trust management with the mutual funds and changes and additions to the requirements of this Federal of the law. 4. The federal executive branch of the securities market should decide on the registration of the rules of trust management by the mutual investment fund or on the registration of changes and additions to them, or take a reasoned decision about the refusal. in their registration: 1) not later than 25 working days from the date of acceptance of the documents, except as provided for in paragraph 2 of this paragraph; 2) no later than 5 working days from the date of acceptance of the documents, if these changes and add-ons relate only to the following: changes the name of the managing company, the specialized depositary, the person conducting the register of the owners of the investment payers, the appraiser or the audit organization or other particulars of the persons; number of issued investment payees of the closed mutual fund; reduced the remuneration of the managing company, the specialized depositary, the registrar of the owners of the investment payers, the appraiser and Audit organization as well as reduction and (or) reductions List of expenses to be paid from the property comprising the equity fund portion of the mutual fund; cancellation of allowances or reduction of allowances; change of name of authorized person or exchange provided for rules of trust management of the stock exchange mutual fund or other information about the authorized person or exchange; inclusion in the rules of trustful management of a stock exchange mutual investment fund of information about the new exchange an authorized person or a new exchange; other provisions of the The normative legal acts of the federal executive branch of the securities market. 5. During the period covered by paragraph 4 of this article, the federal executive branch in the securities market shall verify the information contained in the rules of trustful management of the mutual funds, changes and other documents submitted. During the inspection, the federal executive branch of the securities market has the right to request information from the person submitting the documents, including the documents required for the inspection. If found in the rules of trust management of the mutual funds, changes and additions to them or other submitted documents of non-compliance with this Federal Act, the model rules of trust A mutual fund or regulatory legal acts of the federal executive branch on the market of securities or information that does not correspond to reality or misleading, the federal executive branch of the market The Conference of the Parties, Comments. In this case, the period covered by paragraph 4 of this article shall be suspended from the day of the submission of the comments until the day of submission to the federal executive branch of the securities market of amended documents, which are taken into account Remarks, but not more than 25 working days. 6. In the registration of the rules of trust management by the mutual fund or registration of changes and additions, they may be refused in cases of: 1) mismatches of the submitted documents to this Federal Act, the Model Law The rules of trust management of the mutual investment fund or regulatory legal acts of the federal executive branch on the securities market or the inconsistency of the name of the mutual investment fund with the requirements of this Federal Law the law, if within 25 working days of the commenting period The federal executive branch of the securities market has not received any amended documents that take into account the comments; 2) the existence of information in the documents submitted that do not correspond to reality or Misrepresentation if, within 25 working days of the submission of comments by the Federal Executive Committee on the securities market, no fixed documents have been received that take into account the said comments; 3) the absence of the Managing Director Company of the administering company, of the specialized depositary Licenses of a specialized depository or a person maintaining a register of the owners of the investment paas of that fund, a licence of a specialized depositary or a licence to carry out an activity of registry or non-conformity by the evaluation or auditing organization of this fund to the requirements of the federal laws governing their operations; 4) the excess of the number of additional investment funds from the closed mutual fund on the results of their extradition Number of investment funds that may be issued in the accordance with the rules of trust management of this fund; 5) the violation of the requirements for the formation of a mutual investment fund established by this Federal Law or the rules of trust of the fund, identified by the registration of changes and additions referred to in article 13, paragraph 19-2 of this Federal Law; 6) failure to submit within 25 working days at the request of the federal executive branch of the securities market paper of all documents required to register the trust rules The management of the mutual investment fund or the registration of changes and additions to them. 7. Notification to the federal executive branch of the securities market of a decision on the registration of the rules of trust management by the mutual investment fund or registration of changes and additions to them or refusal to register them. shall be sent to the person submitting the documents for registration within three working days from the day following the day of the relevant decision. 8. Refusal to register the rules of fiducials by the mutual investment fund or to register changes and additions to them or to evade the decision to register them may be appealed to the court. 9. The Federal Executive branch of the securities market shall maintain a register of mutual investment funds, the rules of trust to which they are registered. The procedure for maintaining the register of mutual funds and providing excerpts is set by the federal executive branch of the securities market. "; 17) in article 20: (a) in paragraph 2: Subparagraphs 1 to 1, as follows: "1-1) with a change in the type of the investment fund;"; in sub-paragraph 2, the word "auditor" shall be replaced by the words "the audit organization"; add the following to sub-paragraphs 4 to 1 and 4 to 2 content: " 4-1), increasing the maximum Rejection of the purchase price (sale) of the investment shares, the publicly announced market-maker of the stock exchange held by the exchange, from the estimated price of one investment pay; 4-2) with a decrease in the volume of transactions with Investment pauses at the organized market trading by the market maker during the trading day, upon which the market maker's duty to market maker is closed on that day; "; b) paragraph 3, subparagraph 1 , amend to read: " 1) for open, stock, and Closed equity investment funds-one month from the day of disclosure of the registration of such modifications and additions; "; 18) in article 21: (a) in paragraph 2: subpara. 3 editors: "3) an acquisition of an investment paas by a person who, under this Federal Law, may not be the owner of the investment payees or may not acquire investment pauses in their extradition;"; 3-1 to read: " 3-1) non-compliance The rules of trust fund management of the mutual investment fund rules for the acquisition of investment payers; "; to add the following to subparagraph 5: " 5) in other cases provided for by this Federal Law. "; b) supplement paragraph 7 with the following: " 7. The investment shares of the stock exchange investment fund when they are issued may only be purchased by authorized persons. "; 19) to supplement article 22-1 as follows: " Article 22-1. Exchange of investment paev by solution control company 1. The management company may decide to exchange all the investment shares of one open mutual investment fund (hereinafter referred to as the attachable fund) to the investment shares of the other open mutual fund investment fund (hereinafter referred to as the Fund). The following conditions apply: 1) these mutual funds are in trust management of one management company; 2) the rules of trust (c) { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The trustee of these funds is the same person who carries out the register of the owners of the investment mutual funds and the same specialized depositary. 2. The exchange of investment shares is carried out without the application by the owners of investment pap requests for their exchange by converting the investment payers of the attachable fund to the investment shares of the fund to which the accession is carried out. The exchange of investment shares without a statement by the owners of the investment submission requirements may only be exchanged if the management company has disclosed the decision required by paragraph 1 of this Regulation. articles. 3. The agreement of the trust fund of the attachable fund shall be terminated after the conversion of the investment payees of the attachable fund to the investment shares of the fund to which the accession is made. 4. After 30 days from the date of disclosure by the management company of the decision referred to in paragraph 1 of this article, the acceptance of applications for the acquisition, payment and exchange of investment shares of the attachable fund, as well as applications for exchange Investment payees of other mutual funds on investment funds of the attachable fund are suspended. At the same time, applications for the acquisition, settlement and exchange of investment shares of the Fund to which the investment payees are converted to the investment shares of the Fund to which the Fund is attached shall be converted at the same time. Accession. 5. The management company is obliged not later than three working days from the day following the day of the suspension of applications for purchase, settlement and exchange of investment shares of the attachable fund, to carry out the union of the assets that make up The attached fund and the assets of the fund to which the accession is being implemented. The conversion of the investment payers of the attachable fund to the investment shares of the fund to which the accession is made shall be carried out no later than the working day following the day of completion of the said association of property. 6. After the consolidation of the assets of the mutual funds, the duties arising from the trustee of the property of the attachable fund shall be subject to the performance of the property of the fund to which the attachment is to be made. 7. The management company reports on the merger of the assets of mutual funds into the federal executive branch of the securities market. The requirements for the said report, as well as the order and date of its submission, are set by the federal executive branch of the securities market. The Federal Executive in the securities market excludes the attachable fund from the Register of mutual investment funds. "; 20) in article 23: (a), paragraph 1, amend to read: " 1. The requirements for redemption of investment payees are submitted in the form of applications for payment of investment paev. Applications for the repayment of investment payees are irrevocable. Applications for the repayment of investment payees are submitted by the owners of the investment payees, unless otherwise provided by the Federal Law, and if in the register of the owners of the investment paev, the rights to investment pauses are taken into account. on the face account of the nominal holder, the corresponding nominal holder. The nominal holder submits an application for the payment of the investment mutual funds on the basis of the corresponding order of the owner of the investment mutual funds. "; b) paragraph 3, add the following: " 1-1) of the application for redemption of the investment payees of the stock exchange mutual fund owned by a person who is not an authorized person; "; , paragraph 5, amend to read: " 5. Reception within the period established by the rules of trust management of the exchange, interval or closed mutual investment fund for receiving applications for repayment or exchange of investment payees, requests for payment or exchange of 75 and more The percentage of investment payees of the stock exchange, interval or closed mutual investment fund is the basis for termination of the respective fund. "; 21) paragraph 1 of Article 24, paragraph 1, should be redrafted to read: " Receive applications for purchase, purchase, and exchange of investment payees The stock exchange or interval investment fund must be implemented within a period determined by the rules of trust of the respective mutual funds in accordance with the normative legal acts of the federal government. the executive branch of the securities market. "; 22) Article 25 should read as follows: Article 25. Payment of monetary compensation in relation to the settlement of investment payees 1. Payment of monetary compensation in connection with the repayment of investment payees is carried out at the expense account of the mutual funds. 2. Payment of monetary compensation in connection with the payment of an investment share of an open or exchange mutual fund should be made within the period defined by the fiducials rules of open or exchange shares. investment fund, but not later than 10 working days from the date of payment of the investment pay. 3. The payment of monetary compensation due to the payment of the investment share of the interval investment fund should be made within the period specified by the rules of trustful management of the interval mutual investment fund, but not 10 working days from the day of the expiry of the deadline for the receipt of applications for the payment of the investment paev, during which the respective application was filed. 4. Payment of monetary compensation in connection with the payment of an investment share of the closed mutual fund in the cases provided for by this Federal Law must be paid within the period of time determined by the rules of trust. Management of the closed mutual fund investment fund, but no later than one month after the expiry of the deadline for the receipt of applications for the payment of investment mutual funds, and in the case stipulated by clause 4 of Article 14-1 of this Federal Law-no later than one month Months from the day of payment of the investment payees. 5. Payment of monetary compensation in connection with the partial settlement of an investment payoff of a closed mutual investment fund without a statement by the owner of the investment payers ' investment claims must be settled within the time period specified by the rules trust management of the closed mutual investment fund, but not later than five working days from the date of payment of the investment pay. In this case, the investment payers are blocked on the personal accounts in the register of the owners of the investment shares and on the depot accounts in the depositaries from the date of drawing up the list of the owners of the investment mutual funds until the date of the transactions on the personal accounts in Register of owners of the investment payees and the depot accounts in connection with the repayment of these investment projects. 6. In case of insufficient cash flow to the mutual fund, the managing company is entitled to use its own funds to pay monetary compensation due to the payment of an investment share. "; 23) supplement Article 25-1 as follows: " Article 25-1. Select the property that makes up the exchange-traded fund investment fund, due to the repayment of the investments of this fund 1. In case this is stipulated by the rules of trust management of the stock exchange mutual funds, the authorized person is entitled to demand the allocation of the property, which component of the said fund, in the repayment of investment mutual funds. In this case, the repayment of investment payees and the transfer to the authorized person of the allocated property in connection with the repayment of investment mutual funds are carried out on the same day. 2. In connection with the repayment of investment payees of the stock exchange investment fund, the authorized person can be transferred securities, and (or) money, and (or) admitted to the organized trade the goods that make up this fund. 3. The rules of trust are set by the rules of trust in connection with the repayment of the investment payees of the stock exchange mutual fund and the duration of the transfer of this property to the authorized person. On the management of a stock exchange mutual fund in accordance with the regulatory legal acts of the federal executive branch of the securities market. "; 24) in article 29: (a), paragraph 1 should read as follows: " 1. Control companies of open, exchange and interval mutual investment funds have the right to suspend the issuance of investment payers, if this is provided for by the rules of trust management of these funds. "; b) paragraph 3, subparagraph 2 The following wording should be set out: " (2) on the cancellation (termination) of the license of the managing company of the managing company, the licence of the specialized depositary of the specialized depositary of this mutual investment Fund; "; 25) in Article 30: (a) Subparagraphs 2 to 4 Rewrite: " 2) has been revoked (terminated) by the management company's management company of the open, stock exchange or interval mutual fund; 3) has been cancelled (c) The management company of the closed mutual investment fund and the rights and obligations of the management company under the trustee contract of the Fund within three months of the cancellation day (Termination) of the specified licence is not transferred to another control company; 4) has been revoked (terminated) the licence of the specialized depositary of the specialized depository and within three months of the date of cancellation (termination) of the specified license by the Managing Company Arrangements have been made for the transfer to another specialized depositary of the assets of the mutual investment fund for their accounting and storage, as well as for the transfer of documents necessary for the operation of the new specialized depositary; "; (b) To supplement 6-1-6-3 with the following: " 6-1) The management company of the stock exchange's investment fund is not performed within 15 working days the obligation under Article 39, paragraph 6 of this Federal Law; 6-2) the investment payees of the stock exchange The investment fund is excluded from the list of securities held by all Russian exchanges listed in the rules of trust management of this fund; 6-3) the number of investment shares closed. of a mutual investment fund owned by the managing company The fund shall, for 12 months, exceed 20 per cent of the total number of investment payees; "; 26) in article 31: (a), paragraph 2, amend to read: " 2. In case of cancellation (termination) of the license of the managing company of the mutual investment fund, the termination of this mutual fund is carried out by the specialized depositary of the said fund in accordance with of the present Federal Law. "; b), paragraph 3 should read as follows: " 3. In case of cancellation (termination) of the license of the management company from the management company of the mutual investment fund and the license of the specialized depositary of the specialized depositary of the mutual investment fund, termination of the said fund of the investment fund is administered by the interim administration appointed under this Federal Law. "; , paragraph 4, subparagraph 2, amend to read: " 2) remuneration amounts the administering company, the specialized depositary, the The registry of the owners of the investment payers, the assessor, the audit organization and the exchanges listed in the rules of trust management of the mutual funds held on the day of the termination of the mutual fund investment fund; "; g) to supplement paragraph 7-1 as follows: " 7-1. The Specialized Depositary, which implements the termination of the mutual investment fund, acts on its own behalf as trustee for this fund, subject to the limitations established by this Federal Law. Upon termination of the mutual investment fund, the specialized depositary shall be the depositary of all the rights and obligations of the managing company involved in the termination of the fund. In this case, the specialized depositary shall be liable under article 16, paragraph 1, of this Federal Law. In doing so, the liabilities arising from the termination of the mutual investment fund, in case of insufficient assets of the Fund, are settled at the expense of the management company's property. "; d), item 10, set out in , to read: " 10. The person performing the termination of the mutual investment fund is obliged to implement the property comprising the mutual investment fund and to make payments with creditors in accordance with Article 32 of this Federal Law within a period not exceeding Six months from the day of disclosure of the suspension of the mutual investment fund. The period may be extended by a decision of the federal executive branch of the securities market if the termination of the mutual investment fund is carried out in the event of cancellation (termination) of the license of the managing company. In the case of a ban on transactions with the assets of the mutual fund, after the disclosure of its termination, the period provided for by this paragraph shall be suspended for the duration of the prohibition. "; (e) Paragraph 12 should read: " 12. In case of implementation by the specialized depositary of the termination of the mutual funds of the mutual fund, the write-off of cash held in transit account or bank account opened by the managing company pursuant to Article 15, paragraph 2 of the present The Federal Act is made by order of a specialized depositary. These transactions are carried out by a bank or other credit institution when the securities market is provided by the specialized depositary to the executive branch of the executive branch of the market. confirming the revocation (termination) of the license of the managing company. "; 27) in article 32, paragraph 1: (a) paragraph 3 should read as follows: " in the first place to creditors whose claims are should be satisfied from the property comprising a mutual investment (with the exception of the remuneration provided for in paragraphs 4 and 5 of this paragraph), including the specialized depositary, the registrar, the assessor, the audit organization and the The exchange of remuneration on the day of the termination of the mutual investment fund, as well as the persons whose applications for the payment of the investment mutual funds were accepted until the day of the establishment of the grounds for the termination of the mutual investment. compensation due to them; "; b) paragraph The fifth is to read: " to the third line of the management company for the remuneration paid to it on the day of the founding of the termination of the mutual investment fund, as well as to the specialized depositary, to the person, the maintenance of the registry of the owners of the investment payees, the assessor and the audit organization of the remuneration that they accrued after the date on which the investment fund ceased to exist; "; 28) paragraph 1 of article 2 33, amend to read: " 2. The assets of equity, stock, interoval and closed mutual funds assets, together with the property referred to in paragraph 1 of this article, may consist of other assets in accordance with the regulations. The legal acts of the Federal Executive in the securities market. "; 29), article 37, paragraph 5, should read: " 5. Shareholdings of the equity investment fund and the mutual fund of the investment fund cannot be the affiliates of a joint-stock investment fund, the managing company and the specialized depositary of the equity and mutual fund. Investment Fund, audit organization of equity investment fund and audit organization of the management company of the mutual fund. "; 30) in article 39: (a) in paragraph 2: subpara. 1 THE RUSSIAN FEDERATION The legal acts of the Federal Executive in the securities market; "; to supplement subparagraph 8-1 as follows: " 8-1) to disclose or, if the investment shares are limited in circulation, to grant owners Investment report on the date of the list of owners of the investment payers for the exercise of their rights or for the partial repayment of investment payees without requiring them to settle them no later than three working days before the date of the list; "; b) to supplement paragraph 3-1 , to read: " 3-1. The management company has the right to designate another person to do on its behalf and at the expense of the joint-stock investment fund or property constituting the mutual fund of the mutual funds, the actions necessary for the management of the respective property, if any. is not otherwise stipulated by the agreement of trust management of the joint-stock investment fund or the mutual trust management of the mutual investment fund. The Managing Company has the right to order another person to do on behalf of that person, but from the property of a joint-stock investment fund or property comprising a mutual fund, a transaction, unless otherwise stipulated by the contract trustful management of the joint-stock investment fund or the mutual trust fund management contract. "; in) to supplement paragraph 6 with the following content: " 6. The management company of the stock exchange investment fund is obliged, before the termination of the fund, in accordance with the rules of trust management of the fund to ensure: 1) the purchase (sale) by an authorized person (authorized persons) of investment payees of the stock exchange mutual fund at a price which cannot differ from the estimated value of one investment pay by more than the amount established by the rules of trust management. { \b } { \b } { \b } { \b } organized tenders held by the Russian exchange, investment shares at a price which cannot differ from the estimated price of one investment share by more than the amount established by the rules of trust management of such a fund. "; 31) in article 40: (a) in paragraph 1: , in subparagraph 8, the words "an equity or equity investment fund auditor" shall be replaced with the words " an audit organization of an equity investment fund; or Managing company of the mutual fund "; 10 the word "auditor" shall be replaced by the words "audit organization"; b) with the following addition: " 2-1. The management company is not entitled to conclude contracts for the provision of services to be paid from the assets of an equity investment fund or a mutual fund, in the cases established by the legal acts of the Federal Republic of the executive branch of the securities market. "; , sub-paragraphs (1) and (2) of paragraph 3, amend to read: " (1) to acquire shares in a joint-stock investment fund whose assets are in its trustee or the functions of the single executive organ of which it executes, and also the investment shares of the mutual funds held in trust, except in the cases established by this Federal Law; 2) to dispose of the assets of the equity investment fund; or Assets constituting a mutual fund, without the prior consent of the specialized depositary, except for transactions carried out in organized trades held by the Russian or foreign exchange or by another organizer Trade; "; 32) in article 41: (a) next revision: " 1. Remuneration of the administering company, the specialized depositary, the person conducting the register of the owners of the investment shares, the appraiser, the audit organization and the exchange shall be paid out of the property of the equity investment fund; and The assets of the mutual fund are not to exceed 10 per cent of the average annual value of the net assets of the equity investment fund and the net assets of the mutual investment fund. The procedure for calculating the annual average value of the net assets of the equity investment fund and the net assets of the mutual investment fund is determined by the federal executive branch of the securities market. "; b) , to read: " 3. Remuneration of the management company can be fixed in the form of a fixed sum or a share of the average annual value of the net assets of the equity investment fund (mutual fund) and/or share of the share of the management of the joint-stock company. Investment Fund (share of income from trust management of closed mutual fund). The remuneration of the management company, defined as the share of the income from the management of the joint-stock investment fund (the share of the income from the trust management of a closed mutual fund), cannot exceed 20 per cent of that income, The order of calculation of which is established by the normative legal acts of the federal executive branch of the securities market. "; , paragraph 6, amend to read: " 6. Expenses relating to the fiducials management of assets of the equity investment fund or assets constituting a mutual fund, including mandatory payments related to the fiducials management property, as well as taxes, the object of which is the property comprising a mutual fund, is paid by the property comprising the assets of the equity investment fund or the property comprising the mutual funds Investment Fund. The list of expenditures is established by the normative legal acts of the federal executive branch of the securities market. The management company is not entitled to recover from the assets of the equity investment fund or the property constituting the mutual investment fund, the expenses incurred by it at its own expense, with the exception of the reimbursement of the amounts specified in of this paragraph of taxes and mandatory payments, as well as the costs which are provided for by this Federal Law. "; 33) in article 42: (a) paragraph 2 of paragraph 1, after the words" of the Russian Federation ", in addition to the words" of the Russian Federation ". , including the Federal Act of the executive branch of the securities market, "; b) paragraph 4 shall be declared void; 34) in article 44: (a) paragraph 7, add subparagraph 3, reading: " 3) with development activities, Production, distribution of cryptographic products, information systems and telecommunications systems protected by encryption (cryptographic), performance, services in the area of encryption information, cryptographic (cryptographic) maintenance Tools, information systems and telecommunications systems that are protected using cryptographic (cryptographic) cryptographic products. "; b), amend the text to read: " 9. In connection with the performance of its activities, the specialized depositary is entitled: 1) to provide persons who have concluded a contract with him on the basis of which records are kept, the possession of the property (s) and (or) control over it (s) an order, consulting and information services, as well as accounting services; 2) maintain the register of owners of investment payers; 3) to be the operator of the information system used by persons, with a specialized depositary; 4) To carry out the activities of the certifying centre used by the persons who have concluded the contract with the specialized depositary; 5) to carry out other activities as provided for by this Federal Law. "; , paragraph 21 to supplement the words "subject to mandatory observance by the specialized depositary"; 35) paragraph 2, paragraph 2, of article 45, after the words "of the Russian Federation" to be supplemented by the words ", including by federal law The executive branch of the securities market, "; (36) Article 46, paragraph 1 (4), should read: " (4) in the event of cancellation (termination) of the licence of a specialized depositary of a specialized depositary, from the date of entry into force of the decision on the Revocation of the specified licence (from the date of termination of the said licence); "; 37), article 49, as follows:" Article 49. The requirements for the audit organization of the equity investment fund and managing company of the equity investment fund Joint Stock Investment Fund and the managing company of the mutual The investment fund is required to conclude audit agreements. It is not permitted to enter into these contracts with an audit organization, if: 1) a joint stock investment fund, a company of mutual funds, a specialized depositary, or a registry/ The owners of the investment shares are the main or subsidiary company of the audit organization or the dominant or dependent society; 2) the audit organization is the owner of the shares of the equity investment fund, c by which or with the managing company of which Contract; 3) the audit organization is the owner of the investment paev of the mutual investment fund with which the contract is concluded. "; 38) Article 50 should read as follows: " Article 50. Annual audit 1. An audit organization under a contract is required to conduct an annual audit. 2. The annual audit is subject to: 1) accounting (financial) accounting of the equity investment fund, accounting (financial) accounting of the management company of the mutual fund, accounting and reporting in The ratio of property owned by the equity investment fund, the assets of the mutual fund and the operations with those assets; (2) composition and structure of the assets of the equity investment fund and property, component of the mutual fund; 3) the value of the net assets of the equity investment fund, the estimated value of one investment pay, the price of the placement and the price of the share buyback, or the amount to which one investment payout is issued and the amount of monetary compensation to be paid the payment of an investment payment; 4) compliance with the requirements for the retention of the property belonging to the equity investment fund, the assets of the mutual investment fund and the documents, on the rights to property held by a joint-stock company The investment fund, and the assets that comprise the mutual fund; 5) deals made with the assets of the equity investment fund and the assets of the mutual investment fund. 3. The audit opinion on the results of the annual audit is a mandatory application to the accounting (financial) accounting of the equity investment fund, the accounting (financial) accounts of the management company of the mutual investment Fund. "; 39), article 51, paragraph 3, should read: " 3. It is not permitted to disclose an equity investment fund or a mutual investment fund whose shares or investment shares are restricted in turn, except in the case of disclosure under this Federal Act. and other federal laws. Information on the equity investment fund or on the equity of the investment fund whose shares or investment shares are limited in turnover may be provided to persons who are subject to the Federal Law on the Securities Market. Information on securities for qualified investors may be provided. Any information about a equity investment fund or a equity investment fund whose shares or investment shares are restricted in turnover should contain an indication of this circumstance. "; 40) in article 52: (a) Paragraph 1, subparagraph 5, amend to read: " (5) accounting (financial) accounting of the equity investment fund, the balance of assets constituting the mutual investment fund, accounting (financial) accounts the management company of the mutual fund, accounting and (Financial) Reports of the specialized depositary, audit opinion on the accounting (financial) accounting of the equity investment fund, audit opinion on the accounting (financial) accounting of the managing company Investment fund established at the last reporting date; "; (b) paragraph 3 to declare invalid; 41) to supplement paragraph 1-1 with the following content: " 1-1. The Joint Stock Investment Fund and the management company of the mutual investment fund, including the joint-stock investment fund and the managing company of the mutual investment fund, shares or investment shares of which are limited in turnover, are obliged to do so. to disclose the requirements of the federal executive branch of the securities market. "; 42) in article 55: (a), paragraph 2: to supplement 1-1 with the following: " 1-1) establishes activity requirements (operations) the administering company and the specialized depositary, as well as the requirements for activities (operations) which are permitted under federal law only on the basis of a licence by the managing company or -Licenses of a specialized depositary; "; to supplement sub-paragraph 13-1 as follows: " 13-1) shall render binding regulations to management companies or specialized depositaries of reparation actual damage caused to the founders of the Managing companies of trust management on the basis of a licence by the management company or upon termination of specialized depositaries of mutual funds, if such damage is caused by the fact that The relevant management company or the specialized depositary did not exercise due diligence on the interests of the founder of the administration; "; b) to supplement paragraph 5 with the following: " 5. Unless otherwise provided by this Federal Act, the requirements of the federal executive branch in the securities market shall be sent by means of a field courier (registered post with a notice of service) or by fax (e-mail). "; in) to supplement paragraph 6 with the following: " 6. Joint stock investment fund, manager of company, specialized depositary, agent for issue, redemption and exchange of investment payers, recorder of equity investment funds, registrar owner (if: 1) the federal executive branch of the securities market is notified of the prescription; (2) the addressee refused to receive the order and the refusal was recorded postal or paramedic communications; 3) the requirement was not presented due to the absence of the addressee, and the postal service notified the federal executive branch of the securities market by specifying the source of this information; 4) despite the mail notification, the addressee did not appear for receipt of a regulation, which the postal organization notified the federal executive branch of the securities market. "; 43) Article 61-1, paragraph 2, should be amended to read: "9) the commission of actions by the managing company that threatens the rights and legitimate interests of the owners of investment payers."; 44) in article 61-2: (a) in paragraph 1: sub-paragraph 14 should read as follows: " 14) to include in the stock or closed mutual investment fund the property transferred to the payment of investment paev and without corresponding requirements for the composition of the assets of the mutual investment fund established by the present Federal law and regulatory legal by the acts of the Federal Executive in the securities market, as well as the issuance by the specialized depositary of consent to the inclusion of the said property in the fund; "; to supplement subparagraphs 18 to 20 as follows: " 18) lack of a licensee at its place of residence; 19) repeated infringement by a management company or a specialized depositary within one year of operations (operations), implementation (conduct) to be permitted in accordance with the requirements of the federal The law only on the basis of the license of the management company or the licence of the specialized depositary; (20) the failure of the administering company or the specialized depositary to comply with the requirements of the federal executive authority. A securities market to reimburse the founder of the real damage control, if the requirement is not challenged in the arbitral tribunal. "; b), paragraph 2 should read: " 2. The grounds for revocation of the licence are also the non-fulfilment of the licensee's licensee for more than a year and a half, a written application of the licensee to waive the licence or the recognition of the licensee by bankrupt and open a competitive process. "; , in paragraph 12, amend to read: " 12. From the moment when the management company found out or was supposed to know about the revocation (termination) of the license of the managing company, the managing company is not entitled to administer (fiducials) assets, On the basis of this licence, except for the acts referred to in paragraph 15 of this article. "; g), paragraph 13 should read: " 13. Joint-stock investment funds and management companies of mutual investment funds, which rendered services to a specialized depot, which has been revoked (terminated) the licence of a specialized depositary, is required within three years. months from the date of revocation of the licence to take measures to transfer to another specialized depository of assets for their accounting and storage and for the transfer of documents necessary for the operation of the new specialized Paragraph 14 should read as follows: " 14. Since the specialized depositary has been or has been required to know of the revocation (termination) of the licence of a specialized depositary, the specialized depositary shall not be entitled to consent to the disposal of the assets, for which he has control. "; (e) paragraph 15 should read: " 15. An organization whose license has been revoked (terminated) by the managing company (licence of a specialized depositary) is obliged: 1) to transfer the property it has under the contract to which it is a prisoner In accordance with the instructions of the trustee for the revocation (termination) of the licence of the managing company (trustee in the event of cancellation (termination)) of a specialized depositary), unless otherwise authorized provided for by this Federal Law; 2) to be deleted within three months from the date of revocation (termination of validity) of the licence from the trade name of "specialized depositary", "equity investment fund" ("investment fund") and "mutual investment fund" in any combination and to submit to the federal executive branch of the securities market copies of documents confirming the state registration of these changes in the constituent entities. documents. In case of a breach by the organization of the said duty, the federal executive authority in the securities market has the right to apply to the court for the liquidation of the organization. "; 45) in article 61-4: (a), paragraph 1 The following wording: " 1. When cancellations (termination) of the licence of the administering company of the administering company or a licence of the specialized depositary of the specialized depositary, except as provided for in article 61-2, paragraph 2, of the The Federal Act, the Federal Executive in the Securities Market assigns a provisional administration to these organizations, if: 1) at the same time, terminate the license of the managing company at the same time. the administering company and the licence of the specialized depositary The specialized depositary with which the administering company has concluded a contract; 2) in a management company or a specialized Depository at the time of cancellation (termination) of the relevant licence has ceased The management of their current activity; 3) an organization whose licence has been revoked (terminated) does not perform the duty referred to in article 61, paragraph 15, subparagraph 1, of this Federal Act. "; (b) Paragraph 4, subparagraphs 2 and 3, should read as follows: " (2) persons who are creditors and (or) debtors of the organization whose license has been revoked (terminated), including the owners of the investment payers, as well as officials and employees of the creditors and (or) the debtors, With the exception of officials and employees of a specialized depository who has a contract with the managing company to which the interim administration is appointed; 3) the members of the organization to whom the organization has been cancelled (terminated) Licenses, as well as their officials and employees. "; , paragraph 7 Amend the text as follows: " 7. The interim administration shall receive from the employees of the organization whose licence has been revoked (terminated) and other persons the necessary information and documents in respect of the property whose fiduciality management or control of the order The organization has carried out measures to ensure the preservation of these assets and takes other steps to ensure the interests of the trustee. The interim administration shall have access to hardware that allows for the recording, processing and storage of information relating to the property referred to in this paragraph, including the recording of securities rights and access to of this information shall maintain the register of the owners of the investment payees. "; g), paragraph 8, amend to read: " 8. In the event that the provisional administration, in the exercise of the functions provided for by this Federal Act, has identified the insolvency (bankruptcy) of an organization whose licence has been revoked (terminated), the federal authority The executive branch of the securities market shall apply to the arbitral tribunal for the declared organization to be declared bankrupt. "; , paragraph 9, amend to read: " 9. The Interim Administration shall not be appointed in a specialized depository, which is a credit institution. In this case, the credit institution, whose licence has been revoked (terminated) by a specialized depositary, is required, at the request of the interim administration of the management company, to transfer the property and documents to the administering company, which are located at the credit institution in connection with the operation of a specialized depository, as well as a register of the owners of the investment paev and documents related to the maintenance of the register, if the credit institution has carried out maintenance of the specified registry. ". Article 5 Commit To Article 26-1 of the Federal Law of July 26, 2006 N 135-FZ "On protection of competition" (Assembly of Russian legislation, 2006, N 31, art. 3434; 2011, N 50, sect. 7343), the following changes: 1) replace by the words " 1. By rules "; 2), complete with parts 2 and 3 as follows: " 2. The provisions of this chapter shall not apply to the contracts of the Central Bank of the Russian Federation (Central Bank of the Russian Federation) entered into by the Central Bank of the Russian Federation, in accordance with the Federal Act of 10 July 2002. Spil-Federal Law of 05.10.2015 N 275-FZ) Article 6 Russian Federation securities to increase capitalization of banks. 3618) the following changes: 1) in Article 3: a) in Part 1: paragraph 1 should read: " 1) the bank has a long-term credit rating equal to or below the level of the bank as of 1 July 2012; by the Government of the Russian Federation. The list of rating agencies, whose ratings are used to determine the long-term creditworthiness of banks, is determined by the Government of the Russian Federation; "; paragraph 2 restated: " 2) the size of the assets In accordance with the procedure established by the Central Bank of the Russian Federation (Bank of Russia), as of 1 July 2012, the bank is not below the level established by the Government. of the Russian Federation; "; (b) Part 4, as follows: editions: " 4. The maximum amount of preferred shares of the bank placed under the capitalization procedure should not exceed 100 per cent of the bank's fixed assets as of 1 July 2012. The total nominal value of these preferred shares should not be less than 25 million rubles. The amount of the bank's fixed capital is calculated according to the methodology established by the Bank of Russia. If the amount of the allocated privileged shares acquired by the Russian Federation is less than determined by the bank's decision to place the preferred shares in the procedure of increasing capitalization, changes to the decision on no placement. "; 2) article 6 should be redrafted to read: " Article 6. Russian Federation's "Federal Loan" under the procedure to increase capitalization In order to implement the procedure of increasing capitalization of the Government of the Russian Federation from the date of entry into force of the The effect of this federal law on December 31, 2014, is the right to issue bonds of a federal loan with maturities no later than December 31, 2022, and the coupon yield is paid once a year in the amount fixed by the federal law. Federal Law on the federal budget for the corresponding year and for the plan period (hereinafter referred to as the bonds of the federal loan). "; 3), article 7, paragraph 1, shall be worded as follows: " 1. The Federal Executive Board, authorized by the Government of the Russian Federation, through 31 December 2014, concludes with the bank that approved the decision to issue preferred shares in the promotion procedure. Capitalization, a treaty of privileged shares placed by the bank as part of the capitalization procedure, the federal loan bonds (hereinafter-the menu contract). "; 4) in article 9: (a) in Part 1 of the word" December 31 2013 "to be replaced by the words" as of 31 December 2017 "; b) in part 5 of the word" 1 January 2014 to December 31, 2015, to be replaced by the words "earlier than January 1, 2018" by the words "before January 1, 2018"; in Part 9 of the word "before January 1, 2016" to replace the words "before 1 January 2016" by the words "before 1 January 2016". In the words "After 1 January 2016", replace the words "After 1 January 2016" with the words "After 1 January 2020"; 5) in article 10, paragraph 2, the words "Until 1 July 2018" should be replaced by the words "Until 1 July 2021". Article 7 Paragraph 1 of article 5, paragraph 1, of the Federal Law of 27 July 2010, No. 224FZ "On counteraction to unlawful behaviour" The use of insider information and market manipulation and the amendment of certain legislative acts of the Russian Federation. 4193; 2011, N 29, sect. (4291) Amend the following wording: " (1) to maintain the prices of securities in connection with the placement and circulation of securities and shall be carried out by bidders in accordance with the contract with issuer or a person obliged by value Article 8 Article 8 Article 8 Article 8 THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6728) The following changes: 1) paragraphs 4 and 5 of Article 3, paragraph 12 (a) Bearer with mandatory centralized storage; ";"; 2), article 11, paragraph 1, subparagraph (b), should be deleted. Article 9 Article 9 of the Federal Law of 7 December 2011 N 414-FZ "On the Central Depository" (Legislative Assembly Russian Federation, 2011, 7356) the following changes: 1) in paragraph 1 of Part 5 of Article 22 of the word ", including for the applicant's accounts not provided for in Article 25 of this Federal Law" delete; (2) in article 25: (a) Part 1, paragraph 5, should be supplemented with the words "or the Bank of Russia"; Part 7 should read: " 7. The central depository is entitled to open the issuer (s) of the issuer (s) and accounts, which are not intended to take account of the rights of securities, including emissary account and account of unidentified persons. "; 3) In article 30: (a), part 1 should read: " 1. Enrolment of securities on the front account of the nominal holder of the central depository in the registry when they are written off or written off from the front account of the nominal holder of the central depository for their credit Other personal account is managed by the central depository's order and the order of the person on the personal account of which the securities are written off, with the exception of the writing-off of the stock The accounts of the nominal holder of the central depository as a result of the share buyback The requirement of a person who has acquired more than 95 per cent of the shares of an open joint stock company and the case of termination of the depositary contract of the central depository or other depositary with the owner (trustee) securities. "; (b) add the following content: " 1-1. The identification of securities on the front account of the nominal holder of the central depository or the writing-off of securities from the specified account in cases not provided for in Part 1 of this Article shall be carried out on the basis and in the manner provided for in this article. The regulatory legal acts of the federal executive branch in the financial markets. "; in Part 2, the first sentence should be supplemented with the words", except in cases of acquisition, buy-back and disposal by the issuer securities, as well as acquisition or buyback of shares in connection with the implementation of the of a voluntary, including competitive, or compulsory proposal in accordance with Chapter XI-1 of the Federal Act of 26 December 1995, No. 208-FZ "On joint-stock companies"; g) in Part 3, word "PorExercise" to read "Order"; 4) Article 33 should be supplemented with Part 1-1 as follows: " 1-1. The Central Depository is obliged, within one year of the designation of the central depositary, to bring its activities into conformity with article 25 of this Federal Law. ". Article 10 Admit : 1) paragraph thirty-fourth paragraph 16 and paragraph 12 of Article 1 of Federal Law of 6 December 2007 N 334-FZ "On amendments to the federal law" On investment funds " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6247); 2) Article 4 of the Federal Law of 4 October 2010, N 264-FZ "On amendments to the Federal Law" On the securities market " and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5193). Article 11 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Articles 4, 7 to 10 of this Federal Law shall enter into force on 1 September 2012. 3. Article 3 of this Federal Law shall enter into force on 1 January 2013. 4. The provisions of article 84-1, paragraph 7, of Article 84-1 of the Federal Law of 26 December 1995, No. 208-FZ "On joint-stock companies" Article 30 of the Federal Law of 22 April 1996 on the "Securities Market" (in the wording of this Federal Law). Part 2 of Article 26-1 of the Federal Law dated July 26, 2006 N 135-FZ " On protection of competition " (in the wording of this Federal Act) by the Central Bank of the Russian Federation until the day of the entry into force of this Federal Act. 5. Since the date of the entry into force of this Federal Act, article 80, paragraph 2, of the Budgetary Code of the Russian Federation of the federal budget through the operations of the Russian Federation's government securities on the preferred shares of the banks in the manner prescribed by Federal Law July 18 The use of state securities of the Russian Federation to increase capitalization of banks (in the wording of this Federal Law) does not apply until January 1, 2015. 6. Since the entry into force of the Model Regulations of the trust management of a stock exchange's mutual fund, it is possible to change the type of mutual investment fund from the open mutual fund of the investment fund to the stock exchange mutual fund, if any. The rules of trustful management of open mutual funds are registered by the federal executive branch of the securities market until the day of entry into force of the Model Rules of trustful management of the stock-exchange mutual investment fund. fund. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 28, 2012 N 145-FZ