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Ministry of Justice

Russian Federation

On October 4, 2018 No. 52339

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 2, 2018 No. 643-P

About requirements to content, procedure and terms of submission to the Bank of Russia of the plan of recovery of financial stability of the central partner, the changes made to it about evaluation procedure the Bank of Russia of the plan of recovery of financial stability of the central partner, about requirements to type and nature of events on which approach the central partner shall inform the Bank of Russia, and also on procedure for informing the Bank of Russia on approach in activities of the central partner of the events provided by the plan of recovery of financial stability of the central partner and decision making about the beginning of implementation of the plan of recovery of financial stability of the central partner

This Provision according to parts 2, 3, 4 Articles 11. 1, article 25 of the Federal Law of February 7, 2011 No. 7-FZ "About clearing, clearing activities and the central partner" (The Russian Federation Code, 2011, No. 7, Art. 904; No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; 2014, No. 11, Art. 1098; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 23, Art. 47; 2017, No. 30, Art. 4456; No. 24, of the Art. 3399) (further - the Federal Law "About Clearing, Clearing Activities and the Central Partner") establishes requirements to content, procedure and terms of submission to the Bank of Russia of the plan of recovery of financial stability of the central partner (further - PVFU), the changes made to it, evaluation procedure by the Bank of Russia of PVFU, the requirement to type and nature of events about which approach the central partner shall inform the Bank of Russia, and also procedure for informing the Bank of Russia on approach in activities of the central partner of the events provided by PVFU and decision making on the beginning of realization of PVFU.

Chapter 1. Requirements to content of PVFU

1.1. PVFU shall contain:

the actions for recovery of financial stability of the central partner and action for the prevention of deterioration in financial position of the central partner (further in case of joint mentioning - actions of PVFU) considering possible risks of activities of the central partner as non-bank credit institution as clearing organization and central partner;

information on the planned sources of financing of actions of PVFU, including methods of the emergency maintenance of liquidity, determined by the central partner proceeding from anticipated demand of the central partner in additional sources of own means (capital), liquidity, cumulative financial resources within realization of the provided PVFU of scenarios;

information on contractual commitments with the faces (group of the faces tied with the central partner) tied with the central partner, and (or) participants of clearing, and (or) the third parties on provision to the central partner of quick assets within implementation of actions on recovery of financial stability of the central partner (in case of availability of such contractual commitments);

the list of scenarios to which there correspond the exclusive, but probable events having nature, system and (or) unique for activities of the central partner, which approach attracts application of actions of PVFU;

the program (programs), and also procedure for the testing of actions of PVFU which is carried out by the central partner at least once a year within each of the scenarios set in PVFU;

procedure for preparation and representation of the central partner to the board of directors (supervisory board) for consideration and approval of reports on results of testing of actions of PVFU containing the description of the actions of PVFU of scenarios, the revealed shortcomings of PVFU, and also the offer on their elimination and enhancement of PVFU applied within testing (further - reports on results of testing of PVFU);

procedure for decision making of the central partner by the board of directors (supervisory board) about modification of PVFU, including by results of consideration of reports on results of testing of PVFU;

the data provided by appendix to this Provision.

1.2. PVFU shall contain the actions for recovery of financial stability of the central partner directed on:

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