Advanced Search

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

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Federal Law On Amendments to the Federal Law "About the securities market" and some legislative acts of the Russian Federation Accepted State Duma of the Russian Federation July 2, 2013 Approved by the Federation Council on July 10, 2013(In the wording of federal laws dated 21.12.2013. N 379-FZ; dated 21.07.2014 N 218-FZ Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1918; 1999, N 28, sect. 3472; 2002, N 52, sect. 5141; 2004, 27, sect. 2711; N 31, st. 3225; 2005, N 11, st. 900; N 25, 100 2426; 2006, N 1, article 5; N 2, est. 172; N 31, sect. 3437; 2007, N 1, st. 45; N 50, sect. 6247; 2009, N 1, sect. 28; N 23, Art. 2770; N 29, st. 3642; N 52, stop. 6428; 2010, N 41, sect. 5193; 2011, N 7, sect. 905; N 23, st. 3262; N 29, st. 4291; N 48, sect. 6728; N 50, st. 7357; 2012, N 25, est. 3269; N 31, st. 4334; N 53, sect. 7607) The following changes: 1) to add the following content to Article 17-1: " Article 17-1. Early repayment of bonds 1. If the terms of the bond issue include the right of the issuer to repay or partially repay the bonds before the maturity of the bond (further maturity of the bonds at the issuer's discretion), the early repayment of the bonds at the discretion of the issuer The issuer should be in respect of all bonds of the relevant issue. 2. If the bond issue involves the right of owners to demand the repayment of the bonds before the maturity of the bond (further repayments of the bonds on demand of the owners), then their owners have the right to present claims within 15 working days after the date of disclosure by the issuer and/or the person acting on behalf of and in the interest of the holders of the bonds (hereinafter referred to as the bearer), information on the ownership of the bond holders, if the longer period is not provided for in the bond issue, and the issuer is obliged to pay the bonds Bonds not later than seven working days after the end of the period. If the information is not disclosed within three working days, the holders of the bonds are entitled to make claims for early repayment and the issuer is obliged to repay the bonds no later than seven working days after the date of receipt of the requirement. 3. The terms and conditions of the bond issue, which provide for early repayment of bonds on demand of their owners, may include a condition for the early repayment of all bond issues, with a certain proportion of the bonds issued on early repayment A release that cannot be more than 25% of the total number of bonds issued in this issue. 4. In the event of a substantial breach of the obligations under the bonds, as well as in other cases provided for by federal laws, the owners are entitled to demand early repayment of the bonds before maturity, regardless of whether or not The specification of such a right in the issuance of bonds. If there is no other period of federal law, the owners have the right to demand the early repayment of the bonds since the event (s) under which federal laws link the occurrence of the said If such a right arises in the event of a fundamental breach of the conditions of performance of the bonds, from the time the circumstances referred to in paragraph 5 of this article occurred, until the date of disclosure by the issuer and (or) the representative The owners of the bonds of information on the elimination of the violation. The [ [ Issuer]] must repay the bonds issued on early repayment in the event of a significant breach of the terms and conditions of its obligations, as well as in other cases provided for by federal laws, no later than seven working days the date of receipt of the claim. 5. Significant breaches of the performance of bond obligations are recognized: (1) exceeding the obligation to pay the regular interest on bonds for more than ten working days, if not for a shorter period of time is provided for by the bond issue; 2) the delay in the performance of the obligation to pay part of the nominal value of the bonds for more than ten working days if the shorter term is not provided for in the bond issue, if The nominal value of the bonds is paid in part; (3) exceeding the obligation to purchase bonds for more than 10 working days, if a shorter term is not provided for in the bond issue, in the event that the bond is subject to an obligation to purchase bonds the terms of their release; 4) the loss of bond securities or a significant deterioration in the terms of such security. 6. In the case of a general meeting of the owners of the bonds, the cancellation of the bond is not subject to demand for early repayment of the bonds on demand of owners. "; 2) to supplement Article 17-2 of the following content: " Article 17-2. Purchase of bonds by their issuer 1. The issuer is entitled, and in the case of the bond issue, it is obliged to purchase bonds placed by them. The acquisition by the issuer of a single issue of bonds should be subject to the same conditions. 2. Not later than seven working days before the start of the period in which owners can claim to acquire the issuer of their bonds, the issuer is obliged to notify the representative of the bond holders and also to disclose Information on such acquisition, or give notice of such acquisition to all holders of the purchased bonds. The period of time during which the holders of the bonds may be declared claims may not be less than five working days. 3. Discovered information or notice if the obligation to purchase bonds and the order of their acquisition is not covered by the bond issue, should include the following information: 1) the issuance (s) of the bond issue (s) acquired; (2) the number of issuers purchased by the issuer; 3) the price of the bond, or the manner in which it was determined, the form and the due date of the bond, and the period within which purchase of bonds; (4) the order of purchase of bonds, The number of the issuers of the proposal for the purchase of bonds, the order and the period of acceptance of such a proposal by the holders of the bonds. 4. In the event that the total number of such bonds, which are not subject to the terms and conditions of their issuance, exceed the number of bonds issued by the issuer, such bonds are purchased from their owners in proportion to the claimed requirements. 5. Bonds are paid by money. 6. The bonds acquired by the issuer under this article do not grant rights under such bonds. Such bonds may be liquidated or sold by the issuer before maturity. "; 3) paragraph 1 of article 20, second paragraph 1, should read: " The registering body shall determine the terms of reference Registry and maintains a register of emissive securities containing information on the releases (additional releases) of the emissive securities and on cancelled individual issue (s) issues (additional releases) of the emissary Securities and the registering body, which is a federal authority The executive branch of the securities market is also the issue of (additional issues) of securities not subject to this Federal Law and other federal laws of state registration. The registry should also contain information on the representatives of bondholders. The registering body shall make changes to the register of emissive securities within three days of the decision or receipt of the document constituting the basis for such modifications. The provisions of this paragraph shall not apply to government, municipal securities and bonds of the Bank of Russia. "; 4) in article 24-1: a) to supplement paragraph 3-1 as follows: " 3-1. The modification of the bond issue in the particulars of the bond holders ' representative shall take into account the peculiarities set out in article 29-1 of this Federal Law. "; b), paragraph 4, as follows: editions: " 4. The modification of the issuance (additional issue) of the bonds, with the exception of the changes referred to in paragraphs 3 and 3 to 1 of this article, shall be subject to the consent of the holders of the bonds received in the manner established by this article. Federal Law. "; 5) section III to supplement Chapter 6-1 as follows: " Chapter 6-1. A representative of the bondholders. General Meeting of bondholders Article 29-1. A representative of the bondholders 1. The issuer of the bonds is entitled, and in the cases provided for in paragraph 2 of this article, it is the responsibility of determining the bearer's representative. 2. The issuer of the bonds is required to determine the bearer of the bonds: 1) in the case of bond placement by open subscription or by closed subscription to persons who do not include qualified investors, over 500; (2) in the case of a bond issue, except for bonds for qualified investors. 3. The issuer of the bond's bond holders, if such a representative has not been defined when placing the bonds, is subject to the approval of such a representative by the decision of the general meeting of bondholders. 4. The General Meeting of the holders of the bonds is entitled at any time to elect a representative of the bearer of the bonds, including in replacement of the previously defined bond issuer, or in return of the previously elected general meeting of bondholders. 5. The full brand name, location and data identifying the representative of the bond holders (hereinafter referred to as the bearer of the bond holders) are specified in the bond issue. 6. The details of the bond holders ' representative may be made in the bond issue after the government bond issuance or bond issue is issued before the bond is issued. The issuance of relevant changes to the bond issuance decision shall be effected by means of a direction to the registering authority or exchange, which has appropriated the issuance of the bond issue, the identification number, the notification. These changes are considered to be registered after the expiry of the seven working days after the date of receipt by the registering body of the notice if no decision is taken within that period to refuse their registration. (In the wording of the Federal Law of 21 December 2013, } N 379-FZ)) 7. In the event that the bond issuer is identified or elected by the general collection of bearer bonds of the new bond holders, the issuer is required to make appropriate changes to the bond issue in the manner provided for in paragraph 6 of this article. The notice of the new bearer of the bond holders shall be submitted to the registrant within 30 days from the date of the determination (election) of the new representative of the bond holders. In the event of a missed deadline, the notice may be submitted by the new representative of the bond holders with the issuer's decision on the issuance of the bond or the decision of the general meeting of the bond holders on his election. 8. The procedure for the submission of a notification containing information about a representative of the owners of the bonds and the requirements for its form and content are determined by the Bank of Russia's regulations. (In the wording of Federal Law dated 21.12.2013. N 379-FZ 9. The bearer of bonds represents the interests of the bond holders before the issuer, the person providing security on the bonds of the issuer, other persons, as well as in the public authorities of the Russian Federation (including in the courts), OF THE PRESIDENT OF THE RUSSIAN FEDERATION A representative of the bearer of the bonds exercises his powers, including those related to the signing of the statement of claim, the revocation of the claim and the application for the enforcement of the claim, the transfer of the case to the arbitral tribunal, the full or partial waiver of the claim Claims and recognition of the claim, modification of the cause or object of the claim, the conclusion of a settlement agreement and agreement on the facts, the signature of the application for judicial review of new or newly discovered circumstances, Appeal of the arbitral tribunal, the receipt of awards of or other property, on the basis of a decision to issue bonds without a power of attorney. 10. The representative of the holders of the bonds in the exercise of their rights and duties should act in the interest of all holders of the relevant issue bonds in good faith and reasonably. A representative of the holders of the bonds is entitled to involve other persons in the performance of his duties. In this case, the bearer of the bond holders shall be responsible for the actions of these persons as for their own. (...) (...) N 379-FZ 11. The bearer of the bonds is obliged: 1) to enforce the decisions taken by the general meeting of the owners of the bonds; 2) to identify the circumstances that may violate the rights and legitimate interests of the owners bonds; 3) control the issuer's performance of bond obligations; 4) to take measures to protect the rights and legitimate interests of bondholders; 5) in the manner envisaged by the Bank of Russia regulations and bond issues, inform the owners of the bonds: (as amended by the Federal Law of 21 December 2013). N 379-FZ) on the identification of circumstances that may entail a violation of the rights and legitimate interests of bondholders, as well as the measures it has taken to protect the rights and legitimate interests of bondholders; of cases of non-performance by the issuer of its bond obligations; on the occurrence of circumstances under which the holders of the bonds are entitled to demand early repayment; conflict between the representative of the Owners of bonds and the interests of bondholders (hereinafter referred to as the conflict of interests of the representative of the bond holders) and the measures taken in this regard; to purchase a certain amount of bonds for whom it is owned is the representative, possession or dispossession of these bonds, if the amount is 10 per cent or more, or more or less than 10, 50 or 75 per cent of the total number of bonds in question release; 6) notify bearer, issuer, face Providing security on the bonds of the issuer and the Bank of Russia on the occurrence of circumstances under which a representative of bond holders ceases to meet the requirements of Article 29-2 of this Federal Law; (In the wording of Federal Law of 21 December 2013) N 379-FZ) 7) to submit an annual report on the activities of the bond holders ' representative, and at the request of holders of at least 10 per cent of the total number of bonds held in circulation of a relevant issue, a report for a period of less than one year; 8) not to use the confidential information he received in the performance of the functions of the bond holders ' representative; 8-1) claim on behalf of the bond holders in the bankruptcy case of the issuer bonds and (or) the person providing security for such bonds; (Paragraph added is the Federal Law of 21 December 2013). N 379-FZ) 9) perform other duties under this Federal Act, other federal securities laws, bond issues or a general meeting of bondholders. 12. A representative of the owners of the bonds is entitled: 1) to give consent on behalf of the bond holders to the issuing of changes in the decision to issue (additional issue) of bonds and (or) in the bond issue, if such changes are not related the extent of the rights of the bonds and (or) the order of their implementation, as well as the issuing of other changes by the issuer if such right is given to the representative of the bond holders by the decision of the general meeting of bondholders; 2) issuer, its auditor, the appraiser, the grantor Issuer bonds, its auditor to provide the information needed to perform the functions of the bond holders ' representative; 3) require a person exercising rights to nominal bonds or bonds with mandatory bonds Centralized storage, provision of a list of bond holders drawn up by the representative of the bond holders date; 4) to be present without the right to vote at the general meetings of the issuer (s) of the bond issuers; 5) exercise the authority of the beneficiary or the creditor of the surety in case of issuance of bonds with security; 6) to apply to the arbitration court, and to perform any other proceedings; 7) to receive the bonds issued to the owners of the bonds On the claim against the issuer (issuer of bonds) of cash or other property; 8) to exercise other rights under this Federal Act, other federal laws on securities and the decision of the general meeting of bondholders. 13. The payment of the services of the bearer of the bonds is carried out by the issuer of the bonds on the basis of a contract concluded with the representative of the owners of the bonds. The issuer and the representative of the bond holders are required to provide the bond holder, upon request, with a copy of the contract provided for in this paragraph, no later than seven days from the date of submission of the claim. A representative of the bond holders is entitled unilaterally to waive the contract with the issuer, having previously notified the issuer at least three months prior to the termination of the contract, if so The contract does not provide for a different period of notice. The cancellation of the said agreement by agreement of the parties is permitted, if the agreement is approved by the general meeting of the holders of the bonds with the simultaneous election of a new representative of the bond holders. The terms of the contract exempting the representative of the holders of the bonds from the performance of all or part of the bonds, and the limitations of his or her rights under this Federal Act are null and void. The issue of bearer bonds associated with recourse to the arbitral tribunal shall be made at the expense of the bond issuer if this is stipulated in the terms of their issuance, and (or) at the expense of the bond holders. (...) (...) N379-FZ) If the expenses of the bearer of the bond holders associated with an application to the arbitral tribunal were paid by the individual owner or the owners of the bonds, the expenses are recovered through The amount of money awarded to the owners of the bonds by the court on the claim to the issuer of the bonds and/or to the person providing security on the issuer's bonds. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 379-FZ) 13-1. In the event of a decision by the general meeting of the holders of the bonds to exercise (exercise) the right to petition the court with the bond issuers and (or) the person providing security on the bonds of the issuer, a representative of the owners The bonds are entitled not to execute the said decision until the owners of the bonds or the issuers of the bond holders ' expenses related to the appeal to the court. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 379-FZ) 14. The owner of the bonds is required to reimburse the owners of the bonds for the losses he has suffered. The contract, under which a representative of bondholders operates, the amount of liability of the owner of the bond holders for losses caused to the owners of the bonds as a result of his careless actions (inaction), may be is limited to a certain amount that cannot be less than the 10-fold annual remuneration. 15. The holders of the bonds are not entitled individually to carry out acts which, in accordance with this Federal Law, are assigned to the authority of their representative, unless otherwise provided by this Federal Act, the terms of the release bonds or the decision of a general meeting of bondholders. 16. The holders of the bonds are entitled to apply to the court on a case-by-case basis after the expiry of a period of one month after the establishment of the grounds for such treatment in the event that a representative of the holders of the bonds did not turn to the court within the specified period of time. The arbitral tribunal, with a corresponding requirement, or at a specified date, the general meeting of bondholders did not decide to waive the right to apply to the court. 17. The functions of the representative of the mortgage holders with a mortgage may be provided by the specialized depository of the mortgage. Article 29-2. Requirements for a representative of bondholders 1. Persons acting as representatives of bond holders can be identified (elected): 1) a broker, a dealer, a depositary, a manager, a company of equity investment funds, mutual funds, and Non-State pension funds, credit institution; 2) a legal entity not referred to in subparagraph 1 of this paragraph, which has been established under the laws of the Russian Federation and has been in existence for at least three years. 2. The persons referred to in paragraph 1 of this article are entitled to carry out the activities of the representatives of the owners of the bonds, provided that they are included in the list of persons carrying out such activities. The list is maintained by the Bank of Russia and is posted on the official website of the Bank of Russia in the information and telecommunications network Internet. href=" ?docbody= &prevDoc= 102167024&backlink=1 & &nd=102170368 "target="contents" title= " "> dated 21.12.2013. N 379-FZ 3. The inclusion in the list of persons who carry out the activities of the representatives of the owners of the bonds shall be on the application of the person referred to in paragraph 1 (1) of this article, and the inclusion in the designated list of the other person-by his application with the application Compliance documents. An exception to the specified list of persons who carry out the activities of the representatives of the bond holders shall be made on the basis of the application of the persons included in the list or the withdrawal of the licence from the persons referred to in paragraph 1 (1) of this article. The obligations of the representative of the holders of the bonds. Persons who have been excluded from the list because they violate the obligations of the bearer of bond holders may be included in the list after three years from the date of their exclusion. The Bank of Russia regulations determine the order of listing and delisting of persons who carry out the activities of representatives of bond owners. Federal Law of 21 December 2013 N 379-FZ 4. Persons acting as bearer bonds may not be identified (elected): 1) the issuer of the bonds, controlling its persons and the entities under its control; 2) the person who provided the security Issuer bonds controlling its individuals and entities; 3) a person who provides services for the placement and (or) placement of issuer's bonds, controlled individuals and entities controlled by him, for of the Convention on the Elimination of all holders of bonds or defined by the issuer, with the consent of the general meeting of the holders of the bonds; 4) a legal person in which the persons referred to in subparagraphs 1 to 3 of this paragraph, directly or indirectly or jointly with by their entities have the right to dispose of more than 50 per cent of the vote in the highest authority of that legal entity; 5) a legal entity that has a different conflict of interest that prevents proper execution The responsibilities of the bondholders ' representative. Article 29-3. Features of the use and transfer of money received by the owner's representative bonds in favor of bondholders 1. A representative of the bond holders uses money received in favor of the bond holders: 1) to pay for and (or) reimburse expenses related to the performance of its duties; 2) for execution Issuer obligations on bonds. 2. Cash received by a representative of bearer bonds in favor of bond holders should be in a separate bank account (s) opened by a representative of the owners of the bonds in the credit institution (special A representative of the bearer of the bond holders). The special account of the representative of the holders of bonds with the mandatory centralized storage authorized to bid is opened in the central depository. 3. The bearer bonds held in the special account of the bearer of bonds may not be recovered by the bond holders ' obligations. A representative of the holders of the bonds is not entitled to credit his or her own funds to the special account of the bearer of the bonds. 3-1. If the bearer of bonds is elected by the general meeting of bondholders, the issuer's obligations on such bonds shall be deemed to have been fulfilled from the date of receipt of the funds to the special account of the bearer of such bonds. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 379-FZ 4. Deposits received by the representative of the bearer bonds, due to holders of mandatory central storage bonds, are sent to such owners by transferring them to the mandatory centralized depositary. The holding of bonds, not later than three working days after the day of receipt. The obligation to transfer the funds referred to in this paragraph shall be deemed to have been fulfilled by the representative of the holders of the bonds from the date of receipt of the cash to a special depositary account of the depositary (account a depository, a credit institution), which provides mandatory central storage of the bonds. 5. The money received by the depositary, which provides mandatory central storage of the bonds, from the bond holders ' representative, is paid to the holders of the mandatory central storage bonds in the manner provided for by the depositary. Article 7-1 of this Federal Law. 6. Moneys received by the representative of the holders of the bonds, the holders of the nominal bonds, whose rights on such bonds are taken into account by the depositary (the nominal holder), shall be sent to the holders of such bonds by means of them Enumerations to the depositary to which the face account of the nominal holder in the registry is open. The bearer bonds received by the representative of the owners of the bonds, whose rights on such bonds are registered in the register, shall be forwarded to the owners by transfer to their bank accounts. 7. Cash received by the custodian of the nominal holder's face account in the registry from the holder of the name bond holders shall be paid to the holders of such bonds in the manner provided for in Article 8-7 of this Federal law. In doing so, the provisions of the said article governing the issuer's execution of such bonds are applied to the owners of the namebonds of the name bonds. The obligation to pay the holders of the name bonds. Article 29-4. Replacing and selecting the owner representative of bonds 1. The bond issued by the bearer of the bonds should be replaced by a new representative of the bond holders, if: 1) the bearer of the bond holders ceases to meet the requirements, Under article 29-2 of this Federal Law; 2), a representative of the bearer of the bonds has entered one of the bankruptcy proceedings; (3) measures to address the conflict of interest of the representative The owners of the bonds did not lead to its elimination within 90 days from the day A conflict of interest; 4) the contract with the previous bearer of bond holders is terminated unilaterally at the request of the bond holders ' representative. 2. In the event that the issuer of the bonds within 60 days of the occurrence of the circumstances specified in paragraph 1 of this article has not identified a new representative of the bond holders, the holders of the bonds are entitled to demand early repayment. The right has been terminated following disclosure by the issuer of the bond issuers ' identification of the new representative of the bond holders. 3. In the event of the general meeting of the holders of the bonds of the new representative of the bond holders, the authority of the previously defined (elected) representative of the bond holders is terminated on the date of registration (the approval of the exchange, which has appropriated the issue Bond-identification number of bonds) in the decision to issue bonds as part of the details of the new representative of the bond holders. Article 29-5. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } } { \b } { \b } { \b } { \b } { \b } { \b } { \cs6\f1\cf6\lang1024 } Centralized storage of bonds, at the request of the representative of the bond holders, is required to provide it with a list of the holders of the bonds. For the holding of a general meeting of bondholders, as well as for the performance of duties established by this Federal Law or other federal laws, the list is presented to the representative of the bond owners free of charge, and in other Cases for remuneration not exceeding the cost of drawing up and presenting such a list. Article 29-6. A general meeting of bondholders 1. Bond holders shall decide on the matters referred to in Article 29-7 of this Federal Law by holding a general meeting of bondholders. The decision of the general meeting of bondholders is binding on all bondholders, including those who voted against the decision or did not take part in the voting. 2. The bond holders ' general meeting is held separately for each bond issue. 3. The decision of the general meeting of bondholders may be taken by means of a distance vote. 4. The cost of preparing and holding a general meeting of bondholders, which is held by the issuer of the bonds, is borne by the issuer. 5. When holding a general meeting of bondholders, the functions related to the verification of the authority and registration of persons participating in such a meeting are clarification of issues arising from the exercise by holders of the bonds (their representatives) of the law Votes in such a meeting, an explanation of the voting procedure on issues to be put to the vote, the provision of the voting procedure and the rights of the owners of the bonds to vote, vote and sum up votes, a protocol on the results of voting can only be executed Depository holding mandatory central storage of bonds or registrar, including holding a general meeting of bondholders with mandatory centralized storage. (Spconsumed by Federal Law of 21.07.2014) N 218-FZ) N 218-FZ) N 218-FZ 7. Additional requirements for convening, preparing and holding a general meeting of bondholders are set by the Bank of Russia. (In the wording of Federal Law dated 21.12.2013. N 379-FZ) Article 29-7. The competence of the general collection of bondholders 1. The general meeting of the holders of the bonds is entitled to take decisions on: 1) agreeing to the issuing of changes in the decision to issue (additional issue) of bonds and (or) in the prospectus of the volume of rights related bonds In the case of bonds and (or) the manner in which they are issued, if a decision on the issue is not taken by a representative of the holders of the bonds on the basis of a decision of the general meeting of the holders of the bonds prescribed in subparagraph 6 of this paragraph; 2) to waive the right to demand early repayment of the bonds where the holders of the bond are entitled; 3) to waive the right to bring a claim against the issuer, including the claim for foreclosed charges Property, in the event that the owners of the bonds of the said right occur; 4) to consent to the conclusion, on behalf of the bondholders, of the agreement on the termination of the bond obligations by granting a foot or novation, and also (b) Approval of the terms of the agreement; 5) renunciation of the right to petition to the court with the demand to the issuer of the bonds and (or) the person providing security on the bonds of the issuer, including the requirement to declare the said individuals bankrupt; 6) to grant the representative of the owners of the bonds decide on the matter referred to in subparagraph 1 of this paragraph; 7) on the election of a representative of the owners of the bonds, including in replacement of a previously defined issuer of the bonds or the replacement of a previously selected general collection of bond holders; 7-1) on implementation (a) the right to petition the court to demand the issuer of the bonds and/or the person providing security on the bonds of the issuer, including the requirement to declare the said persons bankrupt; class="doclink "href=" ?docbody= &prevDoc= 102167024&backlink=1 & &nd=102170368" target="contents "title=" "> dated 21.12.2013. N 379-FZ) 8) on other issues provided for by this Federal Law. 2. The general meeting of bondholders is not entitled to consider and decide on matters not assigned to it by this Federal Act. Article 29-8. General Meeting of bondholders 1. The general meeting of bondholders is held on the principle of "one bond-one vote". The voting at the general meeting of bondholders shall be restricted to ballot papers. 2. The right to participate in the general meeting of holders of nominal bonds or bonds with a mandatory central storage shall be held by those who are the owners of the specified bonds at the end of the operating day of the date, which is preceded by seven working days The date of the general meeting of the owners of such bonds. 3. The right to vote at the general meeting of bondholders on questions put to the vote has all holders of the relevant issue bonds, except for: 1) the issuer of the bonds, to which the rights of the bonds were transferred in order their acquisition or otherwise; (2) holders of bonds that control the issuer of the bonds or their controlled entities; (3) holders of bonds that are controlled by the organizations the issuer of the bonds. This provision is not applicable if the bond holder is an organization controlled by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity; (4) holders of the bonds that are persons, providing security for such bonds, controlling their individuals and entities under their control; 5) the owner of the bonds and the entities under its control, on his election as the bearer of the bond holders. 4. A decision on the question put to the vote shall be taken by a general meeting of bondholders with the majority of the votes held by persons entitled to vote at the general meeting of bondholders, if the need for more votes is needed The decision is not provided for in this Federal Act. Decisions on matters referred to in subparagraphs 1-4 and 6 of Article 29-7 of this Federal Law shall be taken by the general meeting of the holders of the bonds by a three-fourths majority of the holders of the voting rights of the person in question. a general meeting of bondholders. The decision on the matter referred to in article 29 (1) (5) of this Federal Law shall be taken by the general meeting of the holders of the bonds by a majority of the nine tenths to which persons have voting rights in general. Meeting of bondholders. 5. The owner of the bonds is entitled to appeal to the arbitral tribunal against the decision taken by the general meeting of the holders of the bonds, in violation of the requirements of this Federal Law and other regulatory legal acts of the Russian Federation, in the event that it has not accepted Participation in the general meeting of bondholders, or voted against such a decision, and the said decision violated his rights and legitimate interests. Such a statement could be filed with the arbitral tribunal within three months from the date on which the owner of the bond had learned or had to be aware of the decision. The arbitral tribunal shall have the right, taking into account all the circumstances of the case, to leave the contested decision in force if the voting of the bond holder could not affect the results of the voting and the violations committed are not material. 6. By voting at a general meeting of bondholders (by sending completed ballot papers), the holders of the bonds confirm that they are not the persons referred to in subparagraphs 1 to 5 of paragraph 3 of this article and possess The right to vote on issues on the agenda of the general meeting of bondholders. The owner of the bonds, who took part in the general meeting of bondholders, is liable for the damages caused to the issuer of the bonds and (or) other bondholders as a result of the confirmation of false information. Article 29-9. { \cs6\f1\cf6\lang1024 } Prepare for the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } General Meeting The bond holders ' general meeting is held by the issuer of the bonds upon its decision, or at the request of the representative of the holders of the bonds or the persons (s) who are the owners (owner) of not less than 10 per cent of the persons in circulation The relevant issue bonds. 2. In the case of a request to hold a general meeting of bondholders, the decision to hold it or the decision to refuse it must be issued by the issuer of the bonds no later than three working days from the day of his production requirements. Such a general meeting of bondholders should be held no later than 20 working days from the day of the submission of the corresponding claim. 3. In the event that, within the time limit set by paragraph 2 of this article, the issuer of the bonds has not taken a decision to hold a general meeting of bondholders or a decision to refuse it, the general meeting of bondholders may be held by persons who have claimed to have conducted it. At the same time, these persons have the authority necessary to hold a general meeting of bondholders. 4. The costs of preparing and holding a general meeting of bondholders may be reimbursed from the bond issuers, if the issuer of the bonds within the period specified in paragraph 2 of this article is not subject to a decision to conduct the bond A general meeting of bondholders or a decision to refuse it without sufficient justification. Article 29-10. Information on holding the general meeting bondholders 1. Presentation on the holding of a general meeting of bondholders, information to be provided to persons entitled to participate in the general meeting of bondholders, and ballot papers (hereinafter referred to as the general meeting of owners) (d) The Conference of the States parties to the United Nations Conference on the 2. Materials to the general meeting of holders of nominal bonds or bonds with mandatory central storage are sent to the registrar or the depositary of the mandatory central storage of the bonds, in electronic form (in the form of Electronic documents signed by the electronic signature) unless otherwise provided in the rules of registry or by contract with the registrar or with such depositary. 3. The registrant shall send the materials to the general meeting of the holders of the nominal bonds to the nominal holders of such bonds, which are open to the personal accounts in the register, in electronic form (in the form of electronic documents signed by the electronic signature), and those whose rights are recognized on the other accounts held in the register are registered by registered letter, unless otherwise indicated by the rules of registry. 4. A mandatory central bond holder and a nominal bond holder are required to bring their contributions to the general meeting of bond holders in the order established by the Depositary. a contract with a component. Article 29-11. Persons exercising rights on bonds The provisions of this chapter concerning bondholders shall also apply to persons exercising the rights under federal law on bonds. "; 6) in paragraph 14 of the article 30: (a), subpara. 12, amend to read: " 12) on the date on which persons entitled to exercise rights in the issuer's securities are determined, including the date on which the list of persons is drawn up, entitled to participate in the general meeting of the issuer; "; b) to supplement subparagraph 49-1 as follows: "49-1) on the holding and agenda of the general meeting of the issuer's bond holders, as well as on the decisions taken by the general meeting of the issuer's bond holders;"; in) to supplement Under sub-paragraph 49-2, read: "49-2) defining the issuer of the bonds of the new bearer of bonds;". Article 2 Article 2 href=" ?docbody= &prevDoc= 102167024&backlink=1 & &nd=102038864 " target="contents"> dated December 26, 1995 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2001, N 33, article 3423; 2006, N 1, sect. 5, 19; N 31, est. 3445; 2011, N 1, st. 13; 2012, N 53, sect. 7607) The following changes: 1) Article 65, paragraph 1 (8), supplemented by the words "or other federal laws"; 2) in article 81, paragraph 2: (a) the fourth sentence should be supplemented with the words ", as well as in public accommodation by open subscription of non-convertible bonds "; b) paragraph 5 to read as follows: " for the purchase and redemption of its shares or bonds; ". Article 3 Article 45, paragraph 6 Federal Act dated February 8, 1998 N 14-FZ " On Societies with Restricted Liability " (Russian Federation Law Assembly, 1998, N 7, p. 785; 2009, N 1, sect. 20; N 29, 100 3642; 2011, N 1, st. (13) To add a paragraph to read: "deals which are a public place by open bond or bond purchase by a society." Article 4 1. This Federal Act shall enter into force on 1 July 2014, with the exception of paragraphs 5 to 7 of article 1 of this Federal Act. 2. Paragraph 5 of Article 1 of this Federal Law shall enter into force on July 1, 2016. 3. Provisions of the Federal Act of 22 April 1996 No. 39-FZ "On the Securities Market" (in the wording of this Federal Law), Federal Law dated December 26, 1995 N 208-FZ "On joint-stock companies" (in the wording of this Federal Law), article 45, paragraph 6, of the Federal Law dated February 8, 1998, N 14-FZ (in the version of this Federal Law) applies to legal relations after the day The entry into force of this Federal Act. 4. According to the legal relations that arose prior to the day of the entry into force of this Federal Law, the provisions of the Federal Act of 22 April 1996 No. 39-FZ " O the securities market "(in the wording of this Federal Law), Federal Law of December 26, 1995 N 208-FZ" On Joint Stock Companies " (in the of this Federal Law), article 45, paragraph 6 Federal Act No. 14 of 8 February 1998 on societies with limited liability (in the wording of this Federal Act) to the rights and duties that will arise after the date of entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 210-FZ