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On Amendments To The Federal Law "on The Peculiarities Of Functioning Of The Financial System Of The Republic Of Crimea And Sevastopol Cities With Federal Status For The Transition Period"

Original Language Title: О внесении изменений в Федеральный закон "Об особенностях функционирования финансовой системы Республики Крым и города федерального значения Севастополя на переходный период"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "On the peculiarities of the functioning of the financial system of the Republic of Crimea and the city of the federal importance" Sevastopol for a transitional period " Adopted by the State Duma on July 4, 2014 Approved by the Federation Council on July 9, 2014 (In the wording of the Federal Law from 31.12.2014 N 513-FZ) Article 1 functioning of the financial system of the Republic of Crimea and the city of federal significance of Sevastopol during the transitional period. 1529; N 23, st. 2934) The following changes: 1) Article 1 after the words "issued by issuers," to add "peculiarities of the activities of other persons carrying out activities similar to those referred to in Articles 5 and 7-1 of the Federal Act" Act of 7 August 2001 No. 115-FZ "On countering the legalization (laundering) of proceeds of crime and the financing of terrorism", "; 2) in article 8: (a), add the following sentences: " Non-bank financial institutions registered in the Territory The Republic of Crimea or on the territory of the city of federal importance Sevastopol and with a license to carry out the depositary activity of the depositary agency, has the right, until January 1, 2015, to obtain the permission of the Bank of Russia to implement the depositary. The activities or activities of the register of securities owners. In the case of a permit to carry out the activity of keeping the register of securities owners, the requirements for their own funds of professional participants in the securities market that carry out such activities are not taken into account. Those who have obtained permission from the Bank of Russia to carry out the activity of keeping the register of the owners of securities should bring their own funds in accordance with the requirements of the legislation of the Russian Federation before January 1, 2017. " b) add the following content: " 5-1. Companies registered on the territory of the Republic of Crimea or on the territory of the city of federal importance Sevastopol and licensed by the Bank of Russia to manage investment funds, Investment funds and non-State pension funds (hereinafter referred to as managing companies) are entitled to register their mutual funds under their administration as of March 16, 2014 investment funds, independently determining the category of the closed Investment Fund. Registration of the mutual fund is carried out by the Bank of Russia by registration of the rules of trust management of the mutual investment fund in accordance with the procedure established by the legislation of the Russian Federation regulating activities. "Investment funds, if not otherwise established by the Bank of the Russian Federation in accordance with this Federal Act."; (3) in article 11: (a), in the first part of Part 1, the words "Parts 3 and 5 of Article 8" shall be replaced by the words "parts 3-5 of Article 8"; b) in Part 5 of the word "Article 8 Part 3" shall be replaced by In the words "Parts 3 and 4 of Article 8"; 4), add the following article 11 to 1: Article 11-1 1. Registration of the trust fund management by the mutual fund is allowed under the following conditions: 1) with respect to the mutual fund of the investment fund is not subject to the procedures related to its termination; 2) The property, which is part of the mutual fund of the investment fund, is transferred for accounting and storage to the specialized depositary, if for certain types of property normative legal acts of the Russian Federation, including normative acts of the Bank of Russia, provides otherwise; 3) specialized depositary Submitted information and documents (copies of documents) required to take into account the specialized custodian of the assets of the mutual investment fund; (Spaced by Federal Law from 31.12.2014 N 513-FZ ) 5) documents containing information about individuals and legal entities who own the investment certificates of the mutual investment fund as at the date of not earlier than ten working days before the date of submission of the rules The trustee administration of the mutual funds for registration with the Bank of Russia, necessary for the opening of personal accounts in the register of the owners of the investment mutual funds, was transferred by the managing company to the person with whom the agreement on keeping the register was concluded the owners of the investment payees. 2. The rules of trustful management of the mutual investment fund should be submitted to the Bank of Russia for registration no later than January 1, 2015. The following documents are attached to the set of documents provided for in the legislation of the Russian Federation governing the operation of investment funds for the registration of rules of trust fund management by mutual funds: 1) to notify the specialized depositary of the receipt to account for and store the property constituting the mutual fund of the investment fund, to obtain information and documents (copies) provided for in paragraph 3 of Part 1 of this Article, and the conformity of the equity component of the a fund, the results of the evaluation carried out in accordance with paragraph 4 of Part 1 of this Article of the Assessment; (2) notification to the person with whom the agreement was signed for the maintenance of the register of the owners of the investment payers; Paragraph 5 of part 1 of this article; 3) a document containing information on the number of investment certificates belonging to the owners of the investment certificates as at the date preceding the date of submission of the rules Trust Fund Management of the Pew Investment Fund to be registered with the Bank Russia. 3. The date of completion (formation) of the mutual fund is recognized as the date of the registration of the rules of trustful management of the mutual investment fund. 4. The owners of the investment payees recognize the persons who were the owners of the investment certificates of the mutual investment fund on the date prior to the date of the filing of the rules of trusty management of the mutual funds for registration with the Bank Russia. 5. The identification of investment payers in the register of the owners of the investment mutual funds is carried out at the date of registration of the rules of trust management by the mutual funds of the mutual funds on the basis of the management order of the company in the amount equal to The number of investment certificates belonging to the owners of investment certificates on the date prior to the date of filing of the rules of trust management by the mutual fund for registration with the Bank of Russia. "; 5) Article 14: a) to be supplemented by Part 2-1 as follows: " 2-1. State registration of the issue of the issuer's shares with the nominal value of the rouble is carried out by the Bank of Russia, provided that the unified state register of legal entities of the issuer is registered. table of contents: " 2-2. Issuer shares with par value in rubles are considered to be placed on the day of the entry into the single state register of legal entities of the issuer. At the same time, the issuer's shares with the face value in foreign currency are considered to be paid out. "; in) to be supplemented by Part 2-3 reading: " 2-3. The peculiarity of the state registration of issuance of shares and reports on the results of issuing of shares of issuers with nominal value in rubles, including in part of the composition and requirements for documents submitted for such state Registration, as well as the peculiarities of the placement of such actions and taking into account the rights to such actions may be determined by the acts of the Bank of Russia. "; g) to be supplemented by Part 2-4 reading: " 2-4. Issuer of the issuer with face value in rubles is posted to the individuals who were the owners of the issuer's shares with a nominal value in foreign currency at the date of creation in accordance with the personal law of the issuer before recording it into a single currency. State registry of legal entities of the registry of the owners of such shares, provided that the registry is not earlier than thirty days before the date of incorporation into a single public register of legal entities of the issuer. In case of absence from the issuer of the mentioned register, the issuer's shares with a face value in rubles are placed in the persons who owned the issuer's shares with a face value in foreign currency on the day of entry into the single state. The register of legal entities of the issuer. In so doing, these persons are determined on the basis of data submitted by non-bank financial institutions that continue to exercise their rights to securities in accordance with the requirements of article 8, part 1, of the present report. The Federal Law, the National Depository of Ukraine and (or) the professional participants in the securities market, which take into account the rights of securities. "; d) supplement Part 2-5 as follows: " 2-5. If the number of shares to be placed at the nominal value in roubles exceeds the number of shares placed in accordance with Part 2-4 of this Article, the remaining shares are placed in trust. The manager. The trustee is established by this Federal Act to protect the rights of persons who have held shares with a nominal value in foreign currency and whose data are not represented. The Trustee is an autonomous non-profit organization called the depositor protection fund. The Fund is required to act in the interest of the persons concerned and is not entitled to dispose of its outstanding shares. The registration of the remaining shares on the Fund's personal account is made on the thirtieth day of the state registration of the issue of shares with the nominal value in rubles. The transfer of shares from trust to the person concerned is carried out on the basis of documents confirming the right of such person to shares with a nominal value in foreign currency or on the basis of a court decision. The period of trust management may not exceed three years from the date of deposit of shares in the Fund's personal account, and after the expiry of that period, shares not transferred by the Fund from the fiducials to the individuals concerned become property The Republic of Crimea or the city of the federal significance of Sevastopol, depending on the domicile of the issuer. The procedure for transferring these shares to the property of the Republic of Crimea or the city of the federal significance of Sevastopol is established by the Bank of Russia regulations. The report on the results of issuing of the shares of the issuer with the nominal value in rubles is submitted to the Bank of Russia no later than sixty days after the state registration of such a release. "; . " 2-7. The transfer of property rights to the shares of the issuer with a face value in rubles is prohibited until six months after the Bank of Russia's state registration of the report on the output of such shares. "; 6) in article 17: (a) Part 1, after the word "information", should be supplemented by the word "exclusively"; b) to be supplemented by Part 4-1 as follows: " 4-1. Residents registered in the territory of the Republic of Crimea and in the territory of the federal city of Sevastopol are obliged to notify the tax authorities at the place of their account of the accounts (deposits) open until March 16, 2014. In accordance with the Federal Law of 10 December 2003 N 173-FZ " control and currency control ", taking into account the particularities established by the 4 of this article. "; in) to be supplemented with Part 4-2 as follows: " 4-2. The requirement to notify tax authorities does not apply to accounts (deposits) opened in banks with a license of the National Bank of Ukraine and located in the territory of Ukraine as of March 16, 2014, in the territory of Ukraine. The number of carrying out business activities without entity is registered in the territory of the Republic of Crimea or in the territory of the city of federal importance Sevastopol, on the basis of the agreement of a bank account or contract. Payments made in accordance with the Federal Law of April 2, 2014 No. 39-FZ " On protection of interests of natural persons with deposits in banks and separate structural units of banks registered and (or) operating in the territory of the Republic of Crimea and in the territory of the city The federal importance of Sevastopol "."; 7) to add the following content: Article 17-1 1. Prior to January 1, 2015, individuals, as well as legal entities, are entitled to perform audit activities in the territory of the Republic of Crimea and in the territory of the city of federal significance Sevastopol: 1) on the basis of certificates issued by The audit chamber of Ukraine, valid as at 16 March 2014, confirming eligibility for auditing activities-for natural persons; 2) on the basis of documents confirming inclusion in the as at 16 March 2014 in the roster of audit firms and auditor auditors The Chambers of Ukraine, for legal persons. 2. In order to carry out the audit activities in the territory of the Russian Federation, individuals holding certificates issued by the Audit Chamber of Ukraine in force as at 16 March 2014 and confirming their eligibility for eligibility Audit activity (hereinafter-the auditors of the Republic of Crimea and the city of federal significance of Sevastopol), as well as legal entities included in the register of audit firms and auditors of the Ukrainian Chamber of Audit on March 16, 2014 (hereinafter referred to as legal persons), should join one of the self-regulating the organization of the auditors. The auditors of the Republic of Crimea and the city of federal importance Sevastopol must also obtain the auditor's qualification certificate provided by the Federal Law of December 30, 2008 No. 307-FZ "On audit activity", in one of the self-regulated Organization of the auditors, taking into account the characteristics set out in this Federal Act. 3. In order to obtain the auditor's qualification certificate, the auditors of the Republic of Crimea and the city of federal importance Sevastopol shall submit a declaration to the self-regulating organization of auditors, indicating the surname, first name, patronymic (if any), and the details of the document, identification, address of the place of residence (registration). 4. An application for the auditor's qualification certificate shall be reviewed by a self-regulated organization of auditors within a period not exceeding ten calendar days from the date of receipt of the application. 5. The auditors of the Republic of Crimea and the city of federal significance Sevastopol, who received a qualification certificate, are obliged to undergo training in the program of advanced training for auditors of the Republic of Crimea and the city of Sevastopol until January 1, 2015. The value of Sevastopol, approved by the Board of Audit activities under the Federal Law of 30 December 2008 N 307-FZ "On audit activity". The minimum duration of such instruction must be at least 80 hours. In case the auditor of the Republic of Crimea and the city of federal importance Sevastopol does not pass the specified training before January 1, 2015, issued by the self-regulated organization of auditors, the qualification certificate of the auditor shall be cancelled in order, Federal Act No. 307-FZ of 30 December 2008 on audit activity. 6. In order to join the self-regulated organization of auditors as auditor, the auditor of the Republic of Crimea and the city of the federal city of Sevastopol will submit a declaration with the name, first name and patronymic (under the name of the auditor) to the self-regulatory organization of auditors. presence), identification documents of the identity document, address of place of residence (registration), and also submits the following documents: 1) qualification certificate of the auditor; 2) a document confirming the entry Individual entrepreneor in a single public registry individual entrepreneurs, for an individual entrepreneor; 3) one copy of the approved internal quality control rules for an individual who is an individual by an individual entrepreneur; 4) other documents provided by approved self-regulatory organization of auditors by the rules for the admission of individuals to the members of the self-regulating organization of auditors. 7. To join the self-regulatory organization of auditors as an audit organization, a legal entity applies a declaration to the auditor's self-regulatory organization and also submits the following documents: 1) the document, confirming the incorporation of the legal entity as at 16 March 2014 in the register of audit firms and auditors of the Audit Chamber of Ukraine; 2) of the existing constituent documents; 3) a document confirming the introduction Legal person records in a single State register of legal entities; (4) List of auditors who are employees of a legal entity on the basis of employment contracts; 5) a list of members of the collective executive body of a legal entity, including those who are auditors, or A document confirming that an individual entrepreneor (manager) to whom the contract has been transferred to the executive body of a legal entity is either an auditor or a document confirming that the other legal entity The contract has been transferred to the executive body of a legal entity; is an audit organization; 6) one copy of the approved internal quality control rules; 7) other documents that are provided for by approved self-regulatory organization of auditors by the rules The admission of legal entities to the members of the self-regulating organization of auditors. 8. The original organization of the documents is presented in the self-regulating organization of the auditors. For the purposes of this article, the rules for admission to a self-regulating organization of auditors may require the submission of Russian translations of documents executed in full or in part in a foreign language. 9. The regulated organization of auditors within ten working days from the day following the day of submission of the documents referred to in this article shall take a decision on the admission of the auditor of the Republic of Crimea and the city of federal importance to Sevastopol, or A legal entity or a refusal to admit a self-regulated organization of auditors. 10. The basis for the adoption of a self-regulatory body of auditors by a self-regulatory body of auditors is: 1) the lack of conformity of a person with the requirements of this article and the requirements for membership approved by the organization. Self-regulated organization of auditors; 2) Presentation of documents that do not meet the requirements of this Article; 3) Organization of auditors. 11. The decision to refuse admission to the auditor of the Republic of Crimea and the city of federal significance of Sevastopol or a legal person shall be notified in writing not later than seven working days from the day, the next day in which the decision was taken. 12. The decision of the self-regulating organization of auditors to admit a self-regulating organization of auditors enters into force on the day of its adoption. 13. In case legal entities fail to bring their constituent documents into conformity with the requirements of the Federal Act of 30 December 2008 "On audit activities", such legal entities shall cease to have the right to do so. Audit activities are carried out and are subject to the exception of the self-regulated organization of auditors. 14. The planned inspections of the quality of work of individuals and legal entities that have joined the self-regulating organization of auditors in the manner and under the conditions provided for by this Federal Law shall not be carried out until 1 January 2015. ". Article 2 1. This law shall enter into force on the date of its official publication. 2. Persons engaged in activities similar to those specified in articles 5 and 7 to 1 of the Federal Act of 7 August 2001 No. 115-FZ "On countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism", which were carried out between 16 March 2014 and the date of the entry into force of this Federal Act, the obligation to store information and relating to transactions with cash and other property in accordance with "With the requirements of countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism, operating on the territory of the Republic of Crimea and on the territory of the city of federal importance Sevastopol," he said. March 2014, to provide this information to the federal executive authority taking measures to counter the legalization (laundering) of criminally obtained incomes and the financing of terrorism in accordance with the provisions of the Convention on the Rights of the Federal law N 115-FZ of August 7, 2001" On countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism ". President of the Russian Federation Vladimir Putin Moscow, Kremlin July 21, 2014 N 257-FZ