RUSSIAN FEDERATION FEDERAL LAW On amendments to selected legislative acts Russian Federation adopted by the State Duma on December 18, 2015 Approved by the Federation Council on December 25, 2015 Article 1 Amend the federal law "About banks and banking activities" (as amended by Federal Law dated 3 February 1996 N 17-FZ). 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 1998, N 31, sect. 3829; 1999, N 28, sect. 3469; 2001, N 26, st. 2586; N 33, st. 3424; 2002, N 12, st. 1093; 2003, N 52, sect. 5037; 2004, N 31, stop. 3233; 2005, N 1, st. 18; 2006, N 19, sect. 2061; N 31, st. 3439; 2007, N 1, est. 9; N 22, est. 2563; 2009, N 9, sect. 1043; N 48, sect. 5731; N 52, 6428; 2010, N 31, stop. 4193; 2011, N 7, sect. 905; N 27, sect. 3873; N 49, sect. 7069; 2012, N 31, sect. 4333; N 53, sect. 7607; 2013, N 27, est. 3438; N 49, sect. 6336; N 51, sect. 6.6699; 2014, N 40, sect. 5317; N 45, sect. 6144, 6154; N 52, sect. 7543; 2015, N 1, est. (37) The following changes: 1) Part 3 of Article 1 to be supplemented with paragraph 3: " 3) Credit Organization-Central Counterparty, which performs functions in accordance with the Federal Law of February 7, 2011 year N 7-FZ "Clearing, clearing activity and central counterparty" (hereinafter referred to as the Federal Act on Clearing, Clearing Activity and Central Counterparty). The permissible combinations of banking operations for a non-bank credit institution, the central counterparty (hereinafter, the central counterparty), shall be established by the Bank of Russia. "; 2) in Part 6 of Article 5 of the phrase" in accordance with the Federal The law on clearing and clearing activities shall be replaced by the words "and the operator of the goods supply in accordance with the Federal Act on Clearing, Clearing and Central Counterparty"; (3) in article 8: (a) in paragraph 2 Part four of the word "semi-annual" should be replaced by the word "quarterly"; b) supplement the following thirteenth content: " Credit Organization, Bank Group's Head Credit Organization is obliged to disclose to an unlimited number of persons on their official websites in Information and telecommunications network "Internet" in the order and deadlines set by the Bank of Russia, information on financial instruments included in the calculation of own funds (capital) of the credit institution, banking group, including all the terms and conditions of their release, repayment, conversion, other transactions with them, and material changes in the instruments. "; 4) in Part 2 of Article 11: (a) the second sentence should read:" The minimum size of the statutory capital of the newly registered non-bank credit institution, except for the minimum authorized capital of the newly registered central counterparty, on the day of the application for state registration and the issuance of a banking licence is set at $90 million The third and fourth sentences should be deleted; c) supplement the following sentence: " The minimum size of the statutory capital of the newly registered Central Counterparty on the day of the request for State registration and the issuance of a banking licence operations are fixed in the sum of 300 million roubles. "; 5) Article 11-2 to be added to the ninth to thirteenth reading: " Minimum size of own funds (capital) is set for non-bank The loan amount is up to RUB 40 million, the loan period is up to 10 million rubles. as provided for in part 10 of this article. Non-bank credit institution, which had its own funds (capital) in the amount of less than RUB 90 million as of July 1, 2016, has the right to continue operating on condition if its own funds (capital) are not decrease compared to the level reached on July 1, 2016. The size of own funds (capital) of the non-bank credit institution, which meets the condition laid down in part ten of this article, shall be at least 90 million rubles as of July 1, 2019. When the size of its own funds (capital) is reduced, the non-bank credit institution is below the level specified in the ninth or tenth part of this article, as a result of the Bank of Russia's amendment of the method for determining its own funds (capital): 1) a non-bank credit institution with its own funds (capital) in the amount of 90 million rubles, or a non-bank credit institution created after July 1, 2016, for 12 months. months should be able to achieve the value of their own funds (capital) in the amount of 90 " A new method of determining the size of its own funds (capital) determined by the Bank of Russia; (2) non-bank credit institution, which had its own funds on July 1, 2016, in the amount A new method for determining the size of its own funds (capital), as defined by the Bank of Russia (capital) in the amount of its own funds (capital), is to be achieved within 12 months. available as of 1 July 2016, and as of 1 July 2019, the values of their own He received around 100 million rubles ($1 million) in the capital. The minimum size of equity (capital) is set for a central counterparty in the amount of 300 million roubles. "; 6) Part 10 of Article 13 to declare lapse; 7) in Article 20: a) "If the non-bank credit institution, the size of its own funds (capital) is equal to 90 million rubles or higher as of 1 July 2016, or a non-bank credit institution," he said. Organization created after 1 July 2016 for three consecutive months allows for a reduction in the amount of equity (capital) below the minimum amount of equity (capital) set out in Part 9 of Article 11-2 of this Federal Law, except as a result of the change in methodology "If the non-bank credit institution, the size of its own funds (capital) which as of July 1, 2016 is less than 90 million roubles, within three months," the bank said. consecrate to reduce the size of its own funds (capital) (s) The decrease is the result of the application of the modified method for determining the amount of its own funds (capital) determined by the Bank of Russia) to a value smaller than the size of its own funds held on 1 July 2016; 13) if the non-bank credit institution failed to comply with the requirements set out in paragraphs 11 and 12 of this Federal Act. "; b) in paragraph 8 of the thirteenth word" Federal Law " "to replace" with the words of the Federal Act. "About clearing, clearing activities and central counterparty." Article 2 Article 7-1-1 of the Federal Law of 7 August 2001 N 115-FZ "On countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism" (Collection of legislation of the Russian Federation, 2001, N 33, art. 3418; 2002, N 44, sect. 4296; 2015, N 1, est. (37) The following changes: 1) the name should be redrafted as follows: " Article 7-1-1. Providing information to the organizers trade, clearing organizations and central counterparties "; 2), paragraph 2, after the words" (hereinafter referred to as clearing organizations), "should be supplemented by" central counterparties "; 3) in paragraph 3 of the word "or clearing organization" should be replaced with the words ", clearing organization or central counterparty"; 4) in paragraph 4 of the phrase "and the clearing organization" to be replaced by the words ", clearing organization and Central Counterparty. " Article 3 Federal Law of 10 July 2002 N 86-FZ On the Central Bank of the Russian Federation (Bank of Russia) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2790; 2003, N 2, sect. 157; N 52, sect. 5032; 2004, N 31, 3233; 2006, N 19, st. 2061; 2007, N 1, est. 9, 10; 2008, N 42, sect. 4699; N 52, sect. 6231; 2009, N 1, sect. 25; N 48, sect. 5731; 2011, N 27, est. 3873; N 43, sect. 5973; 2012, N 53, sect. 7607; 2013, N 27, est. 3438, 3476; N 30, est. 4084; N 51, sect. 6699; N 52, sect. 6975; 2014, N 26, est. 3395; N 30, est. 4219; N 45, sect. 6154; N 52, sect. 7543) supplement Article 62-2 as follows: " Article 62-2. The Bank of Russia sets the following mandatory standards for non-bank credit organizations-central counterparties: (1) sufficiency of equity (capital); (2) adequacy of resources; 3) The sufficiency of individual clearing; 4) liquidity; 5) of maximum concentration risk. The Bank of Russia regulations are established by the Bank of Russia. Article 4 Article 4 Article 4 Article 4 Article 4 class="doclink "href=" ?docbody= &prevDoc= 102386395&backlink=1 & &nd=102145238" target="contents"> dated February 7, 2011 N 7-FZ "Clearing and clearing activities" (Russian Federation Law Assembly, 2011, N 7, st. 904; N 48, sect. 6728; N 49, sect. 7040, 7061; 2012, N 53, sect. 7607; 2013, N 30, sect. 4084; 2014, N 11, st. 1098; 2015, No. 27, sect. 4001; N 29, st. 4357) the following changes: 1) the name should be restated as follows: "About clearing, clearing activities and central counterparty"; 2) of Article 1, paragraph 1, amend to read: " 1. This Federal Law sets out the legal framework for the implementation and monitoring of clearing activities, requirements for legal entities engaged in clearing activities and central counterparties, as well as the legal framework supervision and monitoring of central counterparties. "; 3) in Article 2: a) to supplement paragraph 1-1 as follows: " 1-1) qualified Central Counterparty-Central Counterparty, Quality of Management of the Central Bank of the Russian Federation by the Bank of Russia regulations; "; b) it is supplemented by the words" as well as enforcement of such obligations "; , in paragraph 5, the words" by the Central Bank of the Russian Federation (hereinafter referred to as the Bank of the Russian Federation) "should be replaced by the words" the Bank of Russia ". Russia "; , paragraph 13, should be supplemented by the words", unless otherwise specified by this Federal Law "; (17), paragraph 17, as follows: " 17) the central counterparty is a legal person, which is one the parties to the treaties to which obligations are to be included in the The clearing pool is licensed by the non-bank credit institution for banking operations, as well as a licence to perform clearing activities and which has the status of a central counterparty in accordance with this Federal by law. "; 4) in article 4: (a) in Part 2: paragraph 1 should be supplemented with the words", including the order of the suspension and termination of the clearance of participants in clearing services "; , to read: " 2) an indication that the clearing Implemented without the participation of the Central Counterparty and (or) with the participation of the Central Counterparty; "; point 12 in addition to the words" or the central counterparty (hereinafter referred to as the central counterparty site) "; as follows: "13) Description of the measures aimed at risk management in clearing;"; to supplement 14-1-14-6 as follows: " 14-1) the procedure for interaction with organizations, of article 19, paragraphs 4-7, 9, paragraph 2, of this Federal Act, if so Interop is implemented; 14-2) measures of the central counterparty aimed at limiting the size of the responsibility of the central counterparty in the event of default or improper fulfillment of obligations by the participant of the clearing, c An indication of the size of the central counterparty's own funds, which, in accordance with the rules of the clearing, are intended to cover possible losses caused by a participant's failure or improper performance of his or her obligations, and used by the central counterparty prior to the application of the by bona fide participants in clearing the collective clearing provision (hereinafter referred to as the capital of the central counterparty); 14-3) the conditions for the formation of individual and collective clearing support; 14-4) species derivative instruments, and (or) foreign currency, and/or goods subject to clearing; to the participants in the clearance of a sufficient level of individual and { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b The name of Chapter 2 should be amended to read: Chapter 2. Clearing organization. Central Counterparty. Participants in the clearing "; 6) in article 5: (a) in Part 1 of the word" or the person performing the functions of the central counterparty ", delete the words" Specified organizations "should be replaced with the words" Clearing Organization "; (b) Part 2 should read: " 2. The requirements established by this Federal Act for the clearing organization apply to the central counterparty. "; ) in Part 5 of the word" central counterparty and " delete; d) Part 7 Amend the text as follows: " 7. The Central Counterparty is not entitled to perform settlements on the obligations to which it is a party following the clearing, and in the case of a combination of its activities with the depositary activity, it is also not entitled to make payments on the basis of "the accounts of the depo on the obligations to which it is a party, following the result of clearing, unless otherwise stipulated by Bank of Russia regulations."; d) in Part 8 of the word "or the person performing the functions of the central counterparty," and the words " or persons, " delete; e) Part 9, recognizing no force; (g) to be supplemented with Part 13-1 as follows: " 13-1. The use of the phrase "central counterparty" derived from it and combinations of it in its own name by legal entities other than the central counterparts shall not be permitted, except in cases established by federal entities. In part 16, the words "electronic documents in the order established by the Bank of Russia" should be replaced by the words "electronic documents in the order and date set by the Bank of Russia"; and) to be supplemented with the following: Content: " 16-1. The requirements for the format, order and channels for the transmission of information to the Bank of Russia by the Central Counterparty and the composition of such information shall be established by the Bank of Russia regulations. "; k) to be supplemented by Parts 22 to 27 as follows: " 22. The Central Counterparty is entitled without the order of the participant of the clearing to order the writing-off of funds and securities from the accounts of the participant of the clearing in case of failure by such a participant to clear the commitments made to the clearing. 23. The Central Counterparty is entitled to carry out the functions of a commodity supply operator without the Bank of Russia's accreditation. 24. The Central Counterparty is obliged to conduct an operational audit at least once every two years, in accordance with the Bank of Russia regulations. 25. In order to store property information, the obligations of the Central Counterparty and their movement, the central counterparty must reflect all transactions and transactions in the databases on electronic media to ensure that they are stored Information is available for at least ten years from the date of inclusion of information in the database and allows access to such information on each operating day. The procedure for the establishment, maintenance and storage of databases containing such information shall be established by the Bank of Russia. 26. The maintenance of information contained in the databases required under this article shall also be effected by the establishment of their back-up copies. 27. The Bank of Russia has the right to send to the Central Counterparty the requirement to establish and transfer to the Bank of Russia backup copies of the databases maintained by this Article. "; 7) to supplement Article 6-1 as follows: " Article 6-1. The { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The competence of the board of directors (supervisory board) of the central counterparty, as defined by its charter, includes the matters stipulated in article 11-1-1 of the Federal Act on Banks and Banking Activities and Part 3 of Article 6 of the The federal law, as well as the following issues: (1) approval of the rules of the organization of the risk management system of the central counterparty; (2) approval of method for determining the allocated capital of the central counterparty; 3) Approval of article 22, part 8-1 Federal Act of Stress-Testing for the Risks of the Central Counterparty; 4) Approval of Article 22, Part 8-1 of this Federal Law of the Central Counterparty Model Precision Methods; 5) Approval of a plan to restore the financial stability of the central counterparty; 6) approval of a business continuity plan for the central counterparty; (7) approval of a document with special features Central Counterparty Cooperation in the Implementation of the Their activities (hereinafter referred to as the Central Counterparty Operating Interaction Agreement), if available; 8), approval of the protection and disclosure rules by the Central Counterparty. 2. The requirements for the internal documents referred to in paragraphs 1 to 6 of Part 1 of this Article shall be established by the Bank of Russia. 3. One third of the board of directors (supervisory board) of the Central Counterparty, but not less than two of its members must be composed of independent directors. 4. An independent director is considered to be a person who is not connected: 1) with a central counterparty; 2) with a person exercising control over a central counterparty or having a significant influence on the central counterparty; 3) with a clearing participant. "; 8) in article 8: a) the name should read: " Article 8. Requirements for your own funds clearing organization, central counterparty and mandatory standards "; b) to supplement 1-1 with the following content: " 1-1. The minimum size of equity (capital) is fixed for the central counterparty in the amount of 300 million roubles. "; in) to be supplemented by Part 2-1 as follows: " 2-1. The central counterparty is not subject to the mandatory standards specified in part 2 of this article. "; g) Part 3 is supplemented by the words" and non-central counterparties "; 9) in article 11: (a) Part 3 of the word "clearing organization" should be replaced with "Central Counterparty", the words "clearing organization" should be replaced with "Central Counterparty"; b) to be supplemented with Part 5, to read: " 5. The participants in the clearing of qualified central counterparty are entitled to apply a special procedure for the assessment of credit risks on claims arising from contracts included in the clearing pool and prisoners with a qualified central counterparty, in in accordance with the Bank of Russia regulations. "; in) to be supplemented with Part 6 reading: " 6. The participants in the clearing with the central counterparty are required to provide the central counterparty with information about the accounts opened in the resident banks. "; 10) Chapter 2 to supplement Article 11-1 as follows: " Article 11-1. Securing Financial Stability of the Central Counterparty 1. The Central Counterparty is obliged to develop and submit to the Bank of Russia a business continuity plan and a plan to restore the financial stability of the central counterparty, including measures for to ensure compliance with Bank of Russia regulations, as well as to make changes in the business continuity plan of the Central Counterparty and the plan to restore the financial stability of the Central Counterparty Compliance with their content. 2. The Bank of Russia assesses the business continuity plan of the Central Counterparty and the plan to restore the financial stability of the central counterparty, changes made to them. 3. Requirements for the content, order and timing of the Central Counterparty Business Continuity Plan and the plan to restore the financial stability of the central counterparty, the changes to be made to them, the order of evaluation The plans are set by the Bank of Russia regulations. 4. The Central Counterparty is obliged to inform the Bank of Russia of the events envisaged in the business continuity plan of the Central Counterparty and the plan to restore the financial stability of the central bank The decision to start the implementation of these plans in accordance with the regulatory act of the Bank of Russia. The requirements for the type and nature of the events that the central counterparty is obliged to inform the Bank of Russia are set by the Bank of Russia regulation. 5. The Bank of Russia, based on the plan presented by the central counterparty to the restoration of financial sustainability, is developing a plan of action for the central counterparty, containing measures in case the activities foreseen in the plan The restoration of financial sustainability will not restore the financial stability of the central counterparty. 6. The reorganization of the central counterparty (with the exception of reorganization in the form of transformation) can only be carried out with the consent of the Bank of Russia. The procedure and the time frame for obtaining such consent are established by the Bank of Russia regulation. 7. The Central Counterparty is not entitled to take a decision on voluntary liquidation without the consent of the Bank of Russia. The procedure for obtaining such consent shall be established by the regulatory act of the Bank of Russia. "; 11) in part 1 of Article 13 the words" a certain clearing organization, "shall be replaced by the words" determined by the central counterparty, "; Article 16 should be amended to read: " 11. In the case of the recognition of the clearing organization, the estate held in the clearing account is not included in the insolvency estate. The funds are to be returned to the clearing organization for their subsequent return to the clearing participants and other assets to those who transferred it in the amount remaining after the performance of all obligations under the clearing services contract, and ";"; 13) in article 18: (a) Part 1 after the words "clearing organization" with the words "or an organization that performs the clearing,"; b) in Part 3 of the word "trade supply operator" replaced by "commodity supply operator"; 14) In article 19: (a) the name should read: " Article 19. Disclosure of the activity of the clearing of the organization and of the central counterparty; b) in Part 1, the words "The clearing organization must" be replaced with the words "The Clearing House and the Central Counterparty are obliged"; in Part 2: in the first paragraph, "Clearing organization is obliged" to replace the words "Clearing Organization and Central Counterparty"; paragraph 1 should read: " 1) Constituent Assembly documents; "; item 4 add to the words" or A counterparty "; to supplement paragraphs 9-1 to 9 to 7 of the following content: " 9-1) decisions taken by a committee that is accountable to the Board of Directors of the clearing organization and whose functions are subject to prior approval document (s) specified in Part 5, 5-1, 8-1 and 9 of Article 22 of this Federal Law (the Risk Committee); 9-2) of the methodology for determining the designated capital of the central counterparty; 9-3) measures of the Central Counterparty to limit the extent of liability of the central counterparty in the event of default or improper performance of the client's obligations by the participant; 9-4) information on stress scenarios, stress-testing components of the central counterparty and the results thereof stress testing in accordance with the Bank of Russia requirement; 9-5) information about the accuracy of the central counterparty's model in accordance with the requirements of the Bank of Russia; 9-6) information on the timing of recovery the functioning of the programme and of the central counterparty, in the event of their disruption, including by force majeure; 9-7) of the rules of the organization of the risk management system of the Central Counterparty; "; ), Part 3, after the words "The clearing organization" should be supplemented by the words "and the central counterparty" to be supplemented by the words "or the central counterparty"; (d) Part 5, as follows: " 5. The requirements for the order and timing of the disclosure of information by the clearing organization and the central counterparty are determined by the Bank of Russia. "; 15) article 20, paragraph 5, to declare void; 16) the name of chapter 4 should be stated as follows: editions: Chapter 4: { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Risk Management { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The clearing organization and the central counterparty are obliged to organize a risk management system connected with the implementation of clearing activities or functions of the central counterparty and operations with their own property, which should correspond to the volume and nature of the operations carried out by the clearing organization and the central counterparty. To establish a risk management system, the clearing organization and the central counterparty must designate an official or form a separate organizational unit. "; ) in Part 2 of the word" individual clearing In the case of the Bank of Russia regulations, and in the cases stipulated by the Bank's regulations, delete; d) Part 3 should read: " 3. The Central Counterparty is obliged to assess each working day, if a more frequent assessment is not established by the Bank of Russia or the central counterparty, the size of its own obligations and the size of the obligations of the participants in the clearing in front of it, and the size of each working day the individual clearing services of the contracting party, taking into account the market price of the property which is the subject of the obligations or constituting the individual clearing provision, and the market price under which the contracts are concluded a derivative of the financial instrument. "; d) in Part 4 of the word" Clearing House " In the case of clearing with the Central Counterparty's "Central Counterparty", the words "clearing organization" should be replaced with the words "Central Counterparty" and the words "clearing organization" should be replaced by the words "clearing organization". "Central counterparty"; e) to supplement Part 4-1 as follows: " 4-1. The Central Counterparty is entitled to transfer the debt and the assignment of the requirements of the participant to the clearing, claims arising from the contracts entered into by the client of the clearing at the customer's account (customers), as well as the transfer of the property that is the subject to another central counterparty in accordance with the terms of the agreement on the operational cooperation of the Central Counterparties, in agreement with the Bank of Russia. The cases and procedures for the transfer of a debt and the assignment of the requirement of a contracting party to one central counterparty to another central counterparty are set by the clearing rules. "; g) to be completed with Part 5-1, as follows: " 5-1. The Central Counterparty is required to approve the rules for the management of the central counterparty's risk management system, which should identify measures aimed at reducing the risks of the central counterparty and the risks associated with the combination of activities Central Counterparty with other activities, measures taken by the Central Counterparty in cases of non-standard and emergency situations which may impede the normal operation of the central counterparty, and to ensure the continuity of such activities. The requirements for the rules of the organization of the central counterparty risk management system are established by Bank of Russia regulations. "; (c) in Part 6 of the word" a committee which is accountable to its board of directors and whose functions are assigned The prior approval of the document (s) referred to in Parts 5, 8 and 9 of this Article (hereinafter referred to as the risk committee) "shall be replaced by the words" the risk committee "; and) to be supplemented with Part 6-1 as follows: " 6-1. In the case of a clearing with a central counterparty, at least two thirds of the risk committee should be representatives of the clearing participants. The risk committee should include representatives of the participants of the clearing, independent members of the board of directors (the supervisory board) and representatives of the clients of the participants of the clearing. "; to Part 7 of the phrase" The clearing organization is obliged "Replace" with the words "Central Counterpart is obliged to monitor"; L) Part 8, as follows: " 8. The Central Counterparty is required to assess the potential impact on its financial condition of a number of identified risk factors (stress scenarios) that match exceptional but likely scenarios (stress testing), and assessing the accuracy of the central counterparty's risk assessment models by comparing the estimates of the risk estimates of the values of the actual observed values of the indicator (the accuracy of the central model) ), to provide information on the results The stress testing of risks to the participants of the clearing and the Bank of Russia is in order and deadlines set by the Bank of Russia regulations. Concurrently with this information, the Central Counterparty submits to the Bank of Russia the results of the accuracy of the Central Counterparty model. "; m) to supplement 8-1 with the following content: " 8-1. The central counterparty is required to approve the stress testing methodology for the central counterparty and the methodology for estimating the accuracy of the central counterparty model, the requirements of which are established by Bank of Russia regulations. "; n) be supplemented by Part 8-2, as follows: " 8-2. The Bank of Russia has the right to determine the stress scenarios for the central counterparty and to forward recommendations on changing the risk management system of the Central Counterparty in case of unsatisfactory results of stress-testing of risks and (or) evaluation accuracy of the central counterparty model. "; 18) the name of Chapter 5, amend to read: " Chapter 5. Management of clearing activities and monitoring of its implementation. Regulation central counterparty activity, supervision and monitoring it "; 19) in article 25: (a) in Part 1: Paragraphs 1 to 3 restate: " 1) Regulates the clearing and activity of the central counterparty; 2) sets the requirements for clearing organization and central counterparty; 3) supervises compliance with central The Convention on the Rights of the Child. compliance with the Bank of Russia regulations and supervision of the Central Counterparty in order to improve the central counterparty to its activities, as well as the development of the central counterparty based on the recommendations of the Bank of Russia; " to supplement paragraph 3-1 as follows: " 3-1) monitors the compliance of the software provided with the Central Counterparty with third parties to the requirements of the Bank Russia to the programme and technical means of the Central Counterparty; " Paragraph 5 after the words "clearing organizations"; paragraph 7 restates: "7) assigns the status of the Central Counterparty;"; Paragraph 9 of the word "persons performing the functions of the central counterparty and" delete; to supplement paragraphs 9-1-9 to 3 as follows: " 9-1) recognizes the central counterparty to qualified; 9-2) sets the operating requirements for the operating system Interactions of central counterparties; 9-3) establish requirements for the central counterparty's software and network communications, including their territorial location; "; 11-1, to read: " 11-1) sets the requirements for individual and collective clearing, equipment and assets for the central counterparty, as well as to the circle of persons in which the central counterparty The counterparty and the participants in the clearing have the right to open trade and Clearing accounts; "; paragraphs 12 and 13 as follows: " 12) sets requirements for managing the central counterparty's risk, stress testing and the accuracy of the central counterparty model; 13) performs stress tests on the risks of the central counterparty; "; paragraph 14 after" clearing organizations "add" and central counterparties "; paragraph 17 after" clearing activities " add "and Central Counterparty Features"; in paragraph 21 of the word "and those who perform the functions of the central counterparty," delete; (b) the first part of 2 should read: " 2. In exercising control over clearing organizations, as well as supervision and monitoring of central counterparties, the Bank of Russia has the right: "; in) to be supplemented by Part 2-1 as follows: " 2-1. Monitoring Central Counterparty includes the following activities of the Bank of Russia: 1) monitoring; (2) evaluation of the central counterparty; 3) training on the results of paragraph 2 This part of the evaluation of the recommendations for changing the activities of the Central Counterparty. "; g) to be supplemented with Part 2-2, as follows: " 2-2. The procedure for monitoring central counterparties is determined by the Bank of Russia regulation. "; d) to supplement Part 4-1 with the following content: " 4-1. The Bank of Russia has the right to appoint authorized representatives to the Central Counterparty. In the framework of carrying out his activities, the authorized representative of the Bank of Russia is entitled: 1) to participate without the right to vote in the meetings of the central counterparty's governing bodies, as well as the bodies of the central counterparty which take solutions to perform the functions of a central counterparty; 2) to receive from the Central Counterparty information and documents on the activities of the Central Counterparty. "; e) to supplement Part 4-2 as follows: " 4-2. The Central Counterparty is obliged to submit to the authorized representative of the Bank of Russia, upon request, information and documents on the activities of the central counterparty and not to interfere with the activity of the authorized representative of the Bank of Russia. The Bank of Russia is set by the Bank of Russia to submit the information and documents to the authorized representative of the Bank of Russia. The Bank of Russia's authorized representatives are employees of the Bank of Russia. The procedure for the appointment of the authorized representative of the Bank of Russia, the implementation and termination of its activities shall be fixed by the Bank of Russia. "; The counterparty "; 20) in article 27: (a) the name should read: " Article 27. Registration of documents for clearing organization and central counterparty "; b) supplement 1-1 with the following content: " 1-1. The Central Counterparty is required to register in the Bank of Russia the following documents and changes: 1) the clearing rules; 2) the rules for organizing the risk management system of the Central Counterparty; 3) methodology for determining the fixed capital of the central counterparty; 4) stress-testing method for central counterparty risk; 5) methodology for estimating the accuracy of the central counterparty model. "; in) Part 2 after the words "clearing organization" with the words " and "; g) to add the following content to Part 3-1: " 3-1. When a central counterparty is assigned, the registration of documents referred to in part 1 to 1 of this article shall be carried out simultaneously with the designation of the central counterparty's status. "; 21) to supplement articles 27 to 1 as follows: Article 27-1. The assignment of the status of a central counterparty The status of the central counterparty may be assigned to a legal entity which complies with the requirements of this Federal Act, other federal laws and the regulations adopted in accordance with them Normative legal acts. "; 22) to supplement article 27-2 as follows: " Article 27-2. { \cs6\f1\cf6\lang1024 } Central { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The Bank of Russia is assigned the status of a central counterparty in accordance with the procedure established by this Federal Law and regulatory acts of the Bank of Russia, at the same time as the issuance of a license to carry out banking operations and licenses for Clearing-activity implementation. 2. In order to acquire the status of a central counterparty, the applicant shall submit to the Bank of Russia an application for the acquisition of the status of a central counterparty, the State registration of the credit institution and the issuance of a licence to Bank operations, licensing for clearing activities and documents provided for in article 27, part 1-1 of this Federal Act, other documents provided for by Bank of Russia regulations. 3. In making a decision on granting the status of a central counterparty, the Bank of Russia shall verify that the applicant meets the requirements of this Federal Law, other federal laws and regulations adopted in conformity with them, including verification of the accuracy of the information contained in the documents submitted. 4. A decision on attribution or refusal to grant the status of a central counterparty shall be taken by the Bank of Russia within a period not exceeding six months from the date of submission of the relevant documents provided for in Part 2 of this Article. 5. The decision not to grant the status of a central counterparty is taken in the case of: (1) non-conformity of the applicant with the requirements of this Federal Act, of other federal laws and regulatory legal Acts; 2) to detect incorrect information contained in the documents submitted by the applicant. 6. Information on the legal entity assigned to the status of the central counterparty and the address of the official site of the central counterparty are posted on the official website of the Bank of Russia in information and telecommunications networks (including in the network "Internet"; 23) in Part 3 of Article 28 of the phrase ", persons performing functions of central counterparties," delete; 24) Part 4 of Article 30 shall be declared void. Article 5 Recognize invalid power: 1) article 1, paragraph 2 (b), of the Federal Law of 7 February 2011 8-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law" On clearing and clearing activities " (Assembly of Laws of the Russian Federation, 2011, N 7, Art. 905); 2) Article 38, paragraph 1, of the Federal Law of 21 November 2011, No. 3327-FZ " On amendments to selected legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6728). Article 6 In Part 3 of Article 6 of the Federal Law of July 2, 2013 N 146-FZ " On making changes to individual OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3438; 2014, N 52, sect. 7543) the words "from 1 January 2016" should be replaced by the words "from 1 January 2017". Article 7 1. Credit organizations with the status of a central counterparty until the date of entry into force of this Federal Law, to continue the functions of the central counterparty within two years after the date of entry into force of the Federal Act. The force of this Federal Law is required, in accordance with the Bank of Russia regulations, to submit an application to the Bank of Russia with a request to change the status of the credit institution from the bank to a non-bank credit institution. Central Counterparty, Syndication of Central The counterparty, as well as the license to conduct clearing activities, the documents stipulated in article 27, part 1, article 27 of the Federal Law of 7 February 2011: N 7-FZ "Clearing, clearing activity and central counterparty" (in the wording of this Federal Law) and other documents provided for by Bank of Russia regulations and aligning their activities with the Bank of Russia requirements of the Federal Law dated February 7, 2011, N 7-FZ " Clearing, clearing activity and central counterparty " (in the Federal Law) and Federal Law " About banks and banking " (as part of this Federal Law). 2. Credit organizations with the status of a central counterparty until the day of the entry into force of this Federal Law, are entitled to exercise the functions of a central counterparty within two years from the date of entry into force of the present Federal Act. Federal Act in accordance with a previously issued licence for clearing activities. 3. Legal persons who are not credit organizations and are performing functions of a central counterparty until the date of entry into force of this Federal Law, to continue the functions of a central counterparty within five years of The day of the coming into force of this Federal Law is entitled to obtain the status of a central counterparty, as stipulated by the Federal Law of February 7, 2011 of year N 7-FZ " Clearing, clearing and central In accordance with this article and the Bank of Russia regulations, the counterparty " (in the wording of this Federal Law) is simplified in accordance with this article. 4. The legal entities referred to in Part 3 of this article for the purpose of obtaining the status of a central counterparty shall submit to the Bank of Russia a request for a State registration of the relevant amendments to the Statute and the issuance of a licence to Bank operations, acquisition of a central counterparty status, as well as a licence to conduct clearing activities, documents provided for under article 27, part 1, article 27 of the Federal Act dated February 7 2011: N 7-FZ "On Clearing, Clearing Activity and Central Counterparty" (in the wording of this Federal Law) and the documents provided for in Article 14 of the Federal Law "About banks and banking activities", in accordance with the Bank of Russia regulations. 5. On the basis of the documents submitted, the Bank of Russia makes a decision on the state registration of amendments to the charter of the legal person named in part 3 of this article and the issuance of a license to carry out banking operations, The status of the central counterparty within a period not exceeding two months from the date of submission to the Bank of Russia and notifies the authorized registrar of the necessary information in the single state register of legal entities. 6. Legal entities that are not credit organizations and perform functions of a central counterparty until the day of the entry into force of this Federal Act are entitled to exercise the functions of a central counterparty, as well as to carry out without a licence, The Bank of Russia, the operations listed in paragraph 6 of Part 1 of Article 5 of the Federal Law "On Banks and Banking Activities", Exchange of Treaties on the Acquisition (Exclusion) of a Foreign In order to perform the functions of a central counterparty within five years from the date of the entry into force of this Federal Act in accordance with a previously issued licence for clearing activities. 7. Legal persons performing functions of a central counterparty until the day of the entry into force of this Federal Law and granted the status of a central counterparty in the manner prescribed by this article are the successors in the agreements and Treaties entered into by such legal persons before the date of receipt of the status of the Central Counterparty in accordance with the procedure established by this article. Article 8 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Article 1, paragraph 3, subparagraph (k) of Article 4 of this Law shall enter into force on 1 January 2016. 3. Article 4, paragraph 6, of this Federal Law shall enter into force on February 9, 2016. 4. Paragraphs (a) and (b) of paragraph 4, paragraphs 2 to 7, paragraphs 5 and 7, subparagraph (a), of article 1, paragraph 7, of this Federal Act shall enter into force on 1 July 2016. 5. Frequency of disclosure referred to in article 8, paragraph 2, of article 8 of the Federal Law on Banks and Banking of this Federal Law), is established starting with the disclosure of the accounts compiled for the first quarter of 2016. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2015 N 403-FZ