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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 December 16, 2014 Approved by the Federation Council on 25 December 2014 29/06/2015 N 210-FZ; dated 13.07.2015. N 223-FZ Article 1 Amend article 1062, paragraph 2, of Part 2 of the Russian Civil Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 410; 2007, N 5, article (558) The following changes: 1) the first paragraph should be added to the words "as well as in other cases provided for by law"; 2) the second sentence should be supplemented with the words "as well as in other cases provided for by law". Article 2 Amend the Federal Law of 22 April 1996 "On the Securities Market" (Collection of Laws of the Russian Federation, 1996, N 17, sect. 1918; 2001, N 33, sect. 3424; 2002, N 52, sect. 5141; 2004, N 31, est. 3225; 2005, N 11, st. 900; N 25, 100 2426; 2006, N 1, article 5; N 2, est. 172; N 17, est. 1780; N 31, st. 3437; N 43, sect. 4412; 2007, N 1, est. 45; N 22 2563; N 41, sect. 4845; N 50, sect. 6247, 6249; 2008, N 44, sect. 4982; 2009, N 7, sect. 777; N 18, sect. 2154; N 29, Art. 3642; N 48, sect. 5731; 2010, N 17, est. 1988; N 31, sect. 4193; N 41, sect. 5193; 2011, N 7, sect. 905; N 23, st. 3262; N 27, sect. 3873, 3880; N 29, st. 4291; N 48, sect. 6728; N 49, sect. 7040; N 50, sect. 7357; 2012, N 25, est. 3269; N 53, est. 7607; 2013, N 26, est. 3207; N 30, sect. 4084; N 51, sect. 6.6699; 2014, N 30, sect. 4219) The following changes: 1) part of the eighteenth article 2 should be amended to read: " Professional participants in the securities market-legal entities that are established in accordance with the law of the Russian Federation. The Federation shall carry out the activities referred to in articles 3-5, 7 and 8 of this Federal Law. "; 2) to supplement article 4-1 as follows: Article 4-1. Forex-dealer activity 1. The activity of the forex dealer is the activity of the activity on its own behalf and at its own account with individuals who are not individual entrepreneurs, not on organized trading: contracts that are derivatives Financial instruments, the responsibility of the parties on which the exchange rate of the respective currency and (or) currency pairs is dependent on the exchange of the forex dealer to a natural person who is not an individual the opportunity to enter into commitments, the size of which greater than the amount of security provided by that physical person to the security broker; two or more contracts, the subject of which is foreign currency or currency pair, the period of performance of which is the same, the creditor will be Obligation in one of which is the debtor of a similar obligation in another contract, the condition of which is the granting of a forex dealer to a natural person other than an individual entrepreneor enter into commitments exceeding the size of the provided by this physical person forex-dealer of security. The contracts referred to in paragraphs 2 and 3 of this paragraph may be concluded only with respect to the currency which has the numerical and letter codes established by the federal executive authority performing the functions of Provision of public services, management of state property in the field of technical regulation and ensuring the unity of measurements. 2. Professional participant of the securities market, which carries out the activity of the Forex dealer, is called a forex dealer. Forex-dealer is only authorized to operate after joining the self-regulating organization of forex dealers. 3. The word "forex", derived from it, and its combination with it in the trade name can only be used by the forex dealers. 4. The activities of the forex dealer, as referred to in paragraph 1 of this article, are exclusive. Forex dealer is not entitled to combine his activities with other professional activity in the securities market, as well as with other activities. 5. The size of own forex-dealer funds should be at least 100 million rubles. In case the amount of cash held in the nominal account (s) of a cash dealer other than individual entrepreneurs exceeds one hundred and fifty million rubles, the size of his own funds of such a forex dealer should be increased by an amount of five per cent of the amount of individuals who are not individual entrepreneurs in the specified account (s), which exceeds one hundred and fifty million roubles. Procedures for determining the size of the Forex Money Cash dealer (s) in the nominal account (s) for the purposes of calculating the forex dealer's own funds, as well as the timing of the calculation are established by Bank of Russia regulations. 6. A contract concluded by a forex dealer with natural persons other than sole proprietor should define the general terms of obligations of the parties (hereinafter referred to as the framework agreement), which are specified by the parties Individual contracts concluded by placing quotations and applications on the basis of and pursuant to the framework agreement. An agreement limiting the liability of a forex dealer is negligible. The Framework Treaty, the Order of Quotations and the Application of Applications must comply with this Federal Act and the terms of the framework agreement approved by the Self-regulating Forex Dealers ' Organization. The approximate terms and conditions of the framework treaty and the amendments to it must be coordinated with the Bank of Russia in accordance with the procedure established by the Bank of Russia regulations. Forex dealer is required to register the text of the framework agreement in the self-regulating organization of forex dealers. 7. A forex dealer prior to the conclusion of a framework agreement with an individual who is not an individual entrepreneor is obliged to obtain confirmation from him that the said individual has become acquainted with the risks of imprisonment, execution and Cessation of obligations under a framework treaty and individual treaties, and takes such risks. The list of risks to which the individual concerned must be acquainted, and the form of confirmation of their acceptance, shall be established by the Bank of Russia regulations. 8. Forex-Dealer and/or (or) Account (s) taken into account in a special section of the Nominal Account, funds of an individual who is not an individual entrepreneor, including foreign currency, is the enforcement of obligations Before the forex dealer. 9. The ratio of security provided by an individual who is not an individual entrepreneor is a forex dealer and the amount of its obligations cannot be less than one by fifty. The Bank of Russia has the right to change, including on the basis of the application of a self-regulating organization of forex-dealers, the value of the ratio given in this paragraph depending on the base asset of the derivative of the financial instrument referred to in the paragraph The second paragraph of this article or the subject of the contract referred to in the third paragraph of paragraph 1 of this article. At the same time, the Bank of Russia has the right to increase only the size of the obligation of such individual in the given ratio by no more than twice. The procedure for calculating the size of the obligations of a natural person other than an individual entrepreneur is established by the standard of the self-regulating organization of forex-dealers, to be agreed with the Bank of Russia. 10. Forex-dealer is required to establish in the framework agreement the minimum value of the ratio of a person provided by a natural person who is not an individual entrepreneem, the security and the extent of his or her obligation, at which time the period of performance The obligations of the parties under all individual treaties are deemed to have occurred. 11. In the case of a special section of the nominal account of a person who is not an individual entrepreneor, it is not sufficient to satisfy the requirements of the forex dealer, the requirements of the forex dealer not satisfied The funds are considered to be paid off. 12. Cash obligations under the contracts of a forex-dealer with a natural person other than an individual entrepreneor are executed in non-cash form. 13. The money transferred by a natural person who is not an individual entrepreneor is to be transferred to a nominal account of the forex dealer opened in a bank located in the territory of the Russian Federation from a bank account of the specified individual. 14. If the nominal account of a forex dealer takes into account the money, the rights of which belong to a few individuals who are not individual entrepreneurs, the money of each individual must be taken into account by the bank on special sections of the nominal account. The agreement of the nominal account, the obligation to take into account the money funds of the beneficiaries cannot be transferred to the forex-dealer. A forex dealer for the purpose of performing transactions on a nominal account shall identify a natural person who is not an individual entrepreneor whose money is transferred to a nominal account or written off from a nominal account. 15. A forex dealer has the right to order transactions in a nominal account without the corresponding order of an individual who is not an individual entrepreneor, only for the performance of a separate contract concluded with the said by a natural person, or upon the occurrence of the grounds for the termination of all obligations under individual contracts concluded with the individual concerned. Unless otherwise specified by the agreement of the nominal account, the bank shall not be entitled to request confirmation of the opinion from the forex dealer in monitoring compliance with the restrictions established in the transactions of the nominal account. A separate treaty or a ground for the termination of obligations under individual treaties. 16. A forex dealer is required to maintain records of all contracts and transactions in connection with their execution, in accordance with the procedure and deadlines set by the Bank of Russia. 17. Forex-dealer not entitled: 1) to enter into framework contracts, if the text of the framework contract is not registered by the self-regulating organization of forex-dealer; 2) to conclude individual contracts without the request of an individual who is not An individual entrepreneor who must have parameters defined by a framework contract; 3) to conclude similar separate contracts with different counterparties under different conditions in the same period. At the same time, the period of time is established by the Bank of Russia regulations; 4) to unilaterally change the terms of a separate treaty after its conclusion; 5) to unilaterally terminate a separate contract; 6) modify the terms of the purchase price without a corresponding change in the terms of the sales quotation; 7) to provide loans to individuals who are not individual entrepreneurs. 18. The software tools of the forex dealer should be in line with the nature and volume of the transactions carried out by them, as well as to ensure its uninterrupted activity and data preservation, including through the creation of backup copies. A forex dealer is obliged to have a basic and backup set of software, which must be located in the territory of the Russian Federation. The software requirements of the forex-dealer are set by the standard of the self-regulating organization of forex-dealers, which is subject to approval by the Bank of Russia. The Bank of Russia is refusing to agree on these requirements if they do not comply with the provisions of this Federal Law and Bank of Russia regulations. 19. The transaction for the granting of a forex dealer to a natural person who is not an individual entrepreneor is null and void. 20. The law of the Russian Federation applies to the relations of forex-dealer and natural persons who are not individual entrepreneurs, which are related to the conclusion, termination and execution of contracts, provision of collateral and compensation of damages. THE RUSSIAN FEDERATION 21. The requirements arising from contracts concluded by a forex dealer and natural persons other than individual entrepreneurs are subject to judicial protection. 22. The claims arising from contracts concluded by a forex dealer and natural persons other than individual entrepreneurs shall be brought in accordance with the laws of the Russian Federation. Under the agreement of the parties, territorial jurisdiction may be changed, and the parties are required to determine a court whose jurisdiction will be subsumed by the dispute within the constituent entity of the Russian Federation at the location of the non-party physical person. The individual entrepreneor named in the contract. Disputes relating to contracts concluded by forex dealers with non-individual entrepreneurs may not be referred to the arbitral tribunal. 23. Forex-dealer is obliged to have a website in the information and telecommunication network "Internet", to which the electronic address includes the domain name, the rights to which belong to this forex dealer. The Forex dealer on a given site is required to disclose the following information: 1) the order and conditions for determining the Forex-dealer for which separate contracts are concluded; 2) on the generalized financial results obtained by individuals who are not sole proprio businessmen with contracts concluded with a forex dealer, specifying the ratio of the number of accounts (special sections of the nominal account) that take into account the funds of the said of persons who have obtained a negative financial result, The number of accounts (special sections of the nominal account) that take into account the funds of the designated individuals who have obtained a positive financial result. The order of calculation of financial results is determined by the self-regulating organization of forex-dealers and is coordinated with the Bank of Russia. The Bank of Russia refuses to agree on such a calculation if it fails to comply with the provisions of this Federal Law and Bank of Russia regulations. The information referred to in this subparagraph is disclosed quarterly; (3) notification of risks arising from the conclusion, execution and termination of contracts with forex-dealer; 4) registered self-regulating The organization of the Forex Dealers text of the framework treaty, as well as the procedure for concluding separate contracts; 5) on persons referred to in article 10, paragraph 1-1 of this Federal Law, as well as their conformity with the requirements; 6) other information provided by the Bank of Russia. 24. The framework contract and amendments enter into force not earlier than ten days after the publication of the text of such a treaty or the text of such modifications on the website of the Forex Dealer in the Internet Information and Telecommunications Network, provided that they Registration of Forex Dealers Self-regulating Organization. At the same time, the forex dealer is obliged to declare the date of entry into force of the said treaty or amendments. A forex dealer is not entitled to apply the terms of the new edition of the framework agreement to separate contracts concluded before the date of entry into force of the changes to the framework agreement. 25. Forex dealer is obliged to keep all registered text of the framework agreement texts registered in a self-regulating organization of forex-dealers. At the request of any interested person, a forex dealer is required to provide a certified copy of the framework agreement in effect at the date specified in the requirement. The FForex Dealer is not entitled to request payment of the framework agreement specified in this paragraph. 26. The provisions of this article shall also apply to the contracts referred to in paragraphs 2 and 3 of paragraph 1 of this article if they are entered into between a forex dealer and a broker or a control acting at the expense of an individual who is not a person an individual entrepreneor. If a forex dealer has entered into a contract with a broker or a manager acting at the expense of an individual who is not an individual entrepreneor, the contract referred to in paragraph 2 or 3 of paragraph 1 of this article, performance or termination Such a treaty shall be subject to the requirements of this article. When concluding, enforcing or terminating such contracts, the forex dealer is required to comply with the requirements set out in this Federal Act. A broker or manager acting at the expense of an individual who is not an individual entrepreneor is required to obtain confirmation from his client, prior to the conclusion of a framework agreement with a forex dealer, that he was aware of the risks involved in concluding, executing or terminating obligations under contracts with a forex dealer and taking those risks. A broker or manager acting at the expense of a non-individual entrepreneex before the conclusion of the framework agreement with the forex dealer is required to notify the forex dealer of the contracts at the expense of the customer- a natural person who is not an individual entrepreneor. 27. The provisions of this article do not apply to the sale and purchase of foreign currency in cash and non-cash forms carried out in accordance with the laws of the Russian Federation on banks and banking activities, foreign exchange regulations and currency exchange. Control. "; 3) add the following article 9-1: " Article 9-1. Requirements for the missions of foreign organizations Unless otherwise provided by law, the representation of a foreign organization implementing regulated activities in accordance with its personal law "Financial markets, with the exception of the representation of a foreign credit institution, are entitled to carry out activities in the territory of the Russian Federation from the date of its accreditation by the Bank of Russia in the prescribed manner."; 4) in article 10-1: a) to supplement paragraph 1-1 with the following: " 1-1. Employees of the forex dealer performing the functions defined by Bank of Russia regulations must comply with the requirements set out in paragraph 1 of this article, as well as qualification requirements set by Bank regulations. Russia. "; b), paragraph 2 should read as follows: " 2. Election (appointment) of a person exercising the functions of the sole executive, head of the internal control service, the controller of a professional participant in the securities market, as well as the function of the head of the structural unit, The professional participant of the securities market (in case of combining the activities of a professional participant of the securities market with other activities) is permitted with the prior approval of the Bank of Russia. " ) in paragraph 3 of the "Bank of Russia" replaced by "Bank of Russia" by "Bank of Russia" substitute "Bank of Russia"; Replace the words "Bank of Russia"; d) in paragraph 5: in the first paragraph of the first word "Federal Executive of the Securities Market" replaced by the words "Bank of Russia"; the second paragraph to be declared invalid; e) to supplement paragraph 6 with the following: " 6. The requirements of paragraphs 2 and 3 of this article do not apply to credit organizations engaged in the activities of a professional participant in the securities market. "; 5) (Deleted-Federal Law dated 29.06.2015 N 210-FZ) 6) Chapter 2 to supplement Article 10-2-2 as follows: (In the wording of the Federal Law 29/06/2015 N 210-FZ) "Article 10-2-2. Additional requirements to founding members (participants) of Forex-dealer (In the wording of Federal Law dated 29.06.2015 N 210-FZ) 1. A person who is entitled, directly or indirectly (through persons under its control), independently or jointly with other persons, related contracts of fiducially management of property, and (or) a simple partnership, and (or) instructions, and (or) joint-stock The agreement, and the (or) other agreement, the subject of which is the exercise of the rights certified by the shares (shares) of the forex dealer, to dispose of the votes of the voting shares (shares) that make up the authorized capital of the forex dealer, cannot be: 1) a registered legal entity States or territories which do not provide for the disclosure and provision of information in the conduct of financial transactions, the list of which is approved by the Ministry of Finance of the Russian Federation; 2) a legal entity whose name is The commission of the violation was revoked (withdrawn) the licence to carry out the activities of the financial organization; 3) the individual referred to in article 10, paragraph 1, of this Federal Act. 2. The professional participant of the securities market, which carries out the activity of the forex dealer, is obliged to provide the Bank of Russia with information about such changes, as well as information about the persons who are it. The founders (participants) and the individuals who directly or indirectly control legal persons who are founders (participants) of the forex dealer, in order, in time and in the form prescribed by the Bank of Russia. "; 7) In article 42: (a), paragraph 8 should read as follows: " 8) establishes the procedure for issuing permits and permits the granting of the status of a self-regulating organization of professional participants in the securities market, maintains a register of designated organizations, refuses extradition The permission to acquire the status of a self-regulating organization is revoked by the permit for the acquisition of the status of a self-regulating organization in violation of the requirements of the Russian Federation's securities legislation, as well as the standards and requirements, approved by the Bank of Russia; "; b) to supplement 8-1 and 8-2 The following table of contents: " 8-1) establishes the procedure and time frame for the harmonization of documents of the self-regulating organization of professional participants in the securities market to be agreed upon in accordance with this Federal Law and others. Federal laws; 8-2) sets standards for the performance of members of the self-regulating organization of professional participants in the securities market, as well as the procedure for forming a self-regulating compensation fund Organization of forex dealers and payment of compensation; "; (c) to supplement paragraphs 29 to 31 as follows: " 29) determines the amount of security provided by an individual not an individual entrepreneor, formes-dealer; 30) defines the period of time, in that the forex dealer is not authorized to enter into transactions with different counterparties under different conditions; 31) approves the order of disclosure of information about the activity of the forex dealer and the list of information disclosed. "; 8) in article 44: (a) Paragraph 3, after the words "his own means", should be supplemented by the words ", number, depending on the volume of transactions, "; b", paragraph 4 should be added to the following paragraph: " in case of a breach by a forex dealer of the requirement of compulsory membership in a self-regulating organization. decision to revoke the license for professional activity in the securities market; "; , paragraph 16, amend to read: " 16) Establish software requirements professional participants in the securities market, including formats for information the electronic form used in the disclosure of information under this Federal Act, including securities and financial derivatives; "; ), to supplement paragraph 19 with the following: " 19) in case of violation of the requirements of this Federal Law, the legislation of the Russian Federation in the sphere of financial markets, standards of such self-regulating organization and in case of violation of the self-regulating organization of forex dealers. Failure of the Bank of Russia to comply with the Bank of Russia's failure to comply with the Bank of Russia's terms eliminate the violations found in the activities of the Self-regulating Forex Dealers ' Self-regulating Forex Replacable Organization of Forex Replacers of the Head of a Self-regulating Organization. "; 9) Part 3 of Article 48 with the following sentence: "If the membership of a professional member is terminated in a self-regulated organization, the contributions paid to them are not returned."; 10) (Deleted-Federal Law dated 13.07.2015 N 223-FZ) 11) to supplement articles 50 to 1 and 50-2 as follows: " Article 50-1. Self-regulating Forex-dealer organization 1. Only forex dealers can be members of a self-regulated Forex-dealer organization. 2. Self-regulating organization of forex-dealers for compensation payments to individuals who are not individual entrepreneurs, in the case of insolvency (bankruptcy) of forex dealers, forms a compensation fund. The contribution to the compensation fund amounts to two million rubles and is made in monetary form when a forex dealer enters a self-regulating organization. 3. The documents of a self-regulating organization uniting the forex dealers should establish the obligation of the self-regulating organization of forex dealers in the implementation of the compensation payments provided by this Federal Law, and in respect of Members of such self-regulating organization are their subsidiary responsibility under the relevant obligations of the self-regulating organization of forex-dealers. 4. The reason for refusing to accept a professional participant in the securities market in the self-regulating organization of forex-dealers is the lack of a licence to carry out the activities of the forex dealer or the failure to pay the said professional as a participant in a contribution to the compensation fund. 5. The reason for termination of membership in the self-regulating organization of Forex Dealers is: 1) an application by a legal entity to withdraw from members of the ex-regulated ex-dealer organization; 2) termination in due course The operation of the license to carry out professional activities in the securities market; 3) liquidated the forex dealer in accordance with Russian legislation; 4) violation of the provisions of the self-regulating regulation Forex-dealer; 5) violation of standards Self-regulating Forex Dealer Organization. 6. A professional member of the securities market, who is refused admission to a self-regulating organization of forex dealers or for whom a decision is made to exclude from members of the self-regulating organization of forex-dealers, has the right to challenge Such a refusal or judicial decision. 7. The decision of the self-regulating organization of Forex Dealers on the exclusion of a forex dealer from the members of that organization on the grounds stipulated in paragraphs 4 and 5 of paragraph 5 of this article shall enter into force 10 days after its receipt. a professional participant in the securities market, and in the case of an appeal against this decision to the court-from the moment of the court's decision to enter into force. 8. If a decision is made to terminate the membership of the forex dealer in the self-regulating organization of the forex-dealers, such organization shall notify the Bank of Russia within one working day from the date of the decision. 9. The financial activities of the Self-regulating Forex Dealer Organization are subject to mandatory annual audits. The audit organization and terms of the contract, which the self-regulating organization of forex-dealers are obliged to conclude with it, is approved by the general meeting of members of the self-regulating organization of forex-dealers or a permanent collegial body Management, if the instrument of creation of a self-regulating organization of the forex-dealers is a competence of this collegiate body. The Annual Report and Annual Accounting Balance of the Self-Regulated Forex Dealer Organization upon approval by a general meeting of the members of such an organization are to be placed on its official website in the information and telecommunications network "Internet." 10. The standard of the self-regulating organization of the forex-dealers is approved by the terms of the framework contracts, the conditions for the conclusion of the forex-dealer of individual contracts, the procedure, terms and conditions of the Forex-dealer of quotations, order, terms and conditions Directransactions by a natural person who is not an individual entrepreneor, the procedure for granting the said physical person, the procedure for calculating the obligations of the individual concerned, the procedure for calculating the requirements, and the requirements for Forex-dealer software, formulation The reporting of the forex dealer to the persons with whom the contracts are concluded, as well as the order and timing of such reporting. 11. The Self-regulating Forex Dealer Organization refuses to register the text of a Forex Dealer Framework Agreement if the terms of such a treaty are not in conformity with the requirements of this Federal Law or the indicative terms of the framework treaties, established by standards of the self-regulating organization of forex dealers. The refusal to register a text of a Forex Dealer on other grounds is not permitted. 12. The Self-regulating Forex Dealer Organization maintains a register of its members, monitors compliance with forex dealers, approves standards for advertising services for forex dealers, standards and rules for the performance of forex-dealers, methodical The recommendations for certification of specialists of organizations-members of the self-regulating organization of forex-dealers, perform other functions established by normative acts and charter of such self-regulating organization. The Self-regulating Forex Dealer Organization develops other standards and regulations that are binding on its members and monitors compliance with these standards and regulations. 13. The Self-regulating Forex Dealer Organization forms a structural unit for each member of a self-regulated organization to monitor the ratio of the nominal (s) to the forex dealer Individuals who are not individual entrepreneurs to the size of their own funds of the forex dealer. 14. Reorganization of a self-regulated Forex-dealer organization is allowed only with the permission of the Bank of Russia. The regulations and deadlines for obtaining this permit are set by the Bank of Russia regulations. 15. The Self-Governing Organization of Forex-Dealers is not entitled to decide on voluntary liquidation. Article 50-2. Self-regulated organization Forex-dealers 1. The Self-Governing Council of Forex Dealers should establish a compensation fund to compensate individuals who are not individual entrepreneurs who are the result of the bankruptcy of the forex dealers. 2. The Compensation Fund of the Self-regulating Forex Dealer Organization (hereinafter referred to as the Compensation Fund) is established by a contribution from each member of the Self-regulating Organization of Forex Dealers, the size of which is specified in article 50, paragraph 2, of this Federal Act. The law, as well as other sources provided for by such a self-regulatory organization and not prohibited by federal law. A member of a self-regulating organization of forex dealers is not allowed to be released from the obligation to make a contribution, and (or) cease that obligation by crediting its requirements to such self-regulatory organization. 3. The funds of the compensation fund are separated from other property of the self-regulating organization of forex dealers. At the same time, the funds of the compensation fund should be kept in a separate bank account, open for the self-regulating organization of the forex dealers by a credit institution other than the controlling or controlling dealer. The Compensation Fund cannot be recovered from the obligations of the self-regulating organization of the forex dealers as well as the obligations of its members. 4. The requirements for the formation of the compensation fund, as well as the procedure and conditions for compensation payments, are established by the Bank of Russia regulations. 5. The right to receive compensation for full or partial compensation for real damage resulting from the insolvency (bankruptcy) of forex dealers is mandatory for individuals who are not individual entrepreneurs who have claimed compensation. Procedures and modalities for the implementation of compensation payments, including the order of priority to be met in the event that the compensation fund is insufficient, other additional grounds for the implementation of the payments are self-regulating. The organization of forex-dealers defines in its internal documents. The internal documents referred to in this paragraph and the changes they make must be agreed with the Bank of Russia. The grounds for refusal to agree on the said internal documents and the amendments to them are inconsistent with the requirements of this Federal Law and Bank of Russia regulations and (or) non-compliance with a self-regulating organization. Forex dealers of the Bank of Russia regulations establishing the order of such agreement. 6. Prior to the payment of compensation, the Self-regulating Forex Dealer Organization is required to issue a report on the payment of compensation, the order of claims by individuals who are not individual entrepreneurs and who are entitled to receive compensation. compensation and the time required for such claims, which may not be less than two months after the date of publication of the communication. The basis for the compensation payments is the decision of the arbitral tribunal to declare the forex distributor bankrupt and to open a competitive proceeding pursuant to Federal Act No. 127-FZ of 26 October 2002 Insolvency (bankruptcy) ". 7. In order to receive a compensation payment, a natural person who is not an individual entrepreneur must submit a copy of the decision of the arbitral tribunal to the recognition of the forex dealer bankrupt and the opening of the decision of the arbitral tribunal. In accordance with the Federal Act of 26 October 2002, the insolvency (bankruptcy) and the insolvency (bankruptcy) proceedings, as well as the statement of creditors ' claims of the size, composition and order of satisfaction of claims. If the requirements of the individual listed in this paragraph are declared after the closure of the register of claims of creditors, compensation payments shall not be made to the person concerned. The amount of compensation is determined by the self-regulating Forex Dealer Organization based on the register of claims of creditors without taking into account losses in the form of loss of profits, liquidated damages (fines, penalties) and other financial sanctions. If, in the course of bankruptcy proceedings, the claims of an individual who is not an individual entrepreneor are satisfied or partially satisfied, the amount of compensation is reduced by the amount of the claim received satisfaction. The procedure for the payment of compensation is set by the Bank of Russia. 8. If a non-individual individual is entitled to compensation payments for two or more forex dealers, compensation payments are calculated and paid separately for each forex dealer. 9. If the forex dealer was against an individual who is not an individual entrepreneor who is entitled to receive compensation, also as a creditor, the amount of compensation is determined by the difference between the amount of the forex dealer's obligations to that person and the sum of the counterclaims that arose prior to the date of entry into force of the court's decision on the recognition of the forex dealer insolvent (bankrupt). 10. The self-regulated organization of forex-dealers who carried out compensation payments passes within the amount of compensation paid to a claim that a natural person who is not an individual entrepreneur and who has received compensation The payment was made to a forex dealer who was insolvent (bankrupt). "; 12) to supplement article 51 with paragraph 6-1 as follows: " 6-1. Foreign organizations, their representative offices and branches are not entitled to carry out activities of non-credit financial institutions, including professional participants in the securities market, as well as to offer services of foreign organizations on the market. Financial markets unlimited number of persons in the territory of the Russian Federation or to disseminate information about such organizations and (or) their activities to an unlimited number of persons in the territory of the Russian Federation. ". Article 3 Make Part Two Russian Tax Code (Russian Federation Law Assembly 2000, N 32, st. 3340; 2001, N 23, sect. 2289; N 33, st. 3413; 2002, N 22, Text 2026; 2003, N 1, est. 2, 6; N 19, est. 1749; N 28, sect. 2886; N 52, sect. 5030; 2004, N 27, sect. 2711; N 34, st. 3520; 2005, N 1, est. 30; N 24, est. 2312; N 52, sect. 5581; 2006, N 31, sect. 3443; N 45, sect. 4627; 2007, N 1, sect. 31, 39; N 22, est. 2563; N 31, st. 3991, 4013; N 49, sect. 6045, 6071; N 50, sect. 6237, 6245; 2008, N 27, sect. 3126; N 30, est. 3614; N 48, st. 5519; N 49, sect. 5723; N 52, 6237; 2009, N 1, sect. 31; N 11, est. 1265; N 29, st. 3598; N 48, sect. 5731; N 51, est. 6153, 6155; N 52, sect. 6455; 2010, N 15, sect. 1737; N 19, st. 2291; N 31, est. 4198; N 32, sect. 4298; N 47, sect. 6034; N 49, sect. 6409; 2011, N 1, st. 7, 9, 21, 37; N 23, st. 3262; N 24, sect. 3357; N 27, sect. 3881; N 30, est. 4583, 4587, 4597; N 45, st. 6335; N 47, sect. 6610, 6611; N 48, sect. 6729; N 49, sect. 7014, 7037; 2012, N 19, st. 2281; N 25, est. 3268; N 41, sect. 5527; N 49, sect. 6751; N 53, sect. 77596, 7607; 2013, N 23, st. 2866; N 30, est. 4081; N 44, sect. 5645; N 51, sect. 6699; N 52, sect. 6985; 2014, N 8, est. 737; N 16, sect. 1835; N 19, sect. 2313; N 26, st. 3373; N 30, est. 4220; N 48, sect. 6647, 6657, 6663) the following changes: 1) in Article 214-1: a) in paragraph 1: subpara. 4 market, excluding transactions with financial instruments of urgent transactions listed in accordance with subparagraph 5 of this paragraph; "; add the following subparagraph 5: " (5) with financial instruments for urgent transactions and other instruments provided for in article 4, paragraph 1, of the Federal Act "On the securities market". "; (b) in paragraph 12: , in the third paragraph, replace" subparagraphs 1 to 5 "with" subparagraphs 1 to 5 "; , in the seventh sentence, replace" subparagraphs 1 to 5 "with the words" subparagraphs 1 to 5 "; (2) in article 226-1: (a), paragraph 2 should be added to 1-1 as follows: " 1) Forex is a dealer engaged with the physical persons of an operation, on the basis of the treaties referred to in article 4, paragraph 1 Federal Law on the Securities Market. At the same time, the tax agent determines the tax base of the tax payer for all types of revenues from the transactions made by the tax agent in the interests of the taxpayer; "; b) the first paragraph of paragraph 10 after the words" depositors ". In addition to the words "supplementing the words", the nominal accounts of the forex dealer "; 3), article 251, paragraph 1, should be supplemented by subparagraph 13 (1) reading: " 13-1) in the form of contributions to the compensation funds established in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION As a result of the insolvency (bankruptcy) of the forex-dealer; "; 4) Article 270, to supplement paragraph 11-1 as follows: " 11-1) in the form of expenses incurred from the compensation funds established in the In accordance with the requirements of the legislation of the Russian Federation and intended to compensate for damages caused by the insolvency (bankruptcy) of forex-dealer; ". Article 4 Article 28 of the Federal Law Law dated March 13, 2006, N 38-FZ " About advertising " (Russian Federation Law Assembly 2006, N 12, p. 1232; 2013, N 30, sect. 4084; N 51, sect. 6695), the following changes: 1) the name should read: " Article 28. For financial services and financial activities "; 2), amend the text to read: " 1. The bank, insurance and other financial services and financial activities should contain the name or name of the person providing the service or activity (for a legal person-the name, for the individual (...) (...) (...) Banking, insurance and other financial services and financial services should not: "; 4) be added to Part 5-1 as follows: " 5-1. Advertising that encourages the conclusion of transactions with forex dealers should contain the following instruction: " Proposed contracts or financial instruments are highly risky and may result in the loss of the cash contributed in full Volume. Prior to the transaction, the risks to which they relate should be viewed. " The public announcement of prices (price determination order), as well as other essential terms of the contract, is not an advertisement for concluding transactions with forex dealers. "; 5) to be supplemented with Part 14: " 14. If the provision of banking, insurance and other financial services or the performance of financial activities may be performed only by persons having the appropriate licences, permits, accreditation or registry or which are members of the relevant self-regulating organizations, advertising of these services or activities provided or performed by persons who do not meet such requirements is not permitted. ". Article 5 Paragraph Article 7, paragraph 1, of the Federal Law dated June 28, 2013 N 134-FZ " On amending certain legislative acts of the Russian Federation in terms of countering illegal financial transactions " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3207) to be declared invalid. Article 6 1. This Federal Act shall enter into force on 1 October 2015, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Article 1 of this Law shall enter into force on 1 January 2015. 3. Paragraphs 1 and 2 of article 2, paragraphs 1 and 2, of this Federal Law shall enter into force on 1 January 2016. 4. Organizations carrying out activities under article 4-1 of the Federal Law of 22 April 1996 No. 39-FZ "On the securities market" (in On the day of the entry into force of this Federal Law, the edition of this Federal Law is required to obtain a license of a professional member of the securities market to carry out the activities of the forex dealer before January 1, 2016, or to terminate it. The implementation of such activities. (In the wording of Federal Law No. N 223-FZ 5. The performance of a forex dealer after the date of entry into force of this Federal Law, except for the activities of the organizations referred to in Part 4 of this Article, is permitted only on the basis of a licence of a professional market participant Securities for the performance of a forex dealer, subject to the entry into the self-regulating organization of forex dealers. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2014 N 460FZ