of March 16, 1999 No. 291
About procedure for provision by the Central depositary - the Central fund of storage and information processing of the stock market of the documents confirming the rights to securities which are stored or it is right on which are considered in national depositary system
According to the Presidential decree of the Russian Federation of September 16, 1997 N 1034 "About providing the rights of investors and shareholders to securities in the Russian Federation" the Government of the Russian Federation decides:
1. Approve the enclosed Regulations on provision by the Central depositary - the Central fund of storage and information processing of the stock market (further hereinafter is referred to as - the Central depositary) the documents confirming the rights to securities which are stored or it is right on which are considered in national depositary system.
2. Determine that the Central depositary has no right to disclose data on condition of accounts of owners and other legal owners of securities, and also data on specific security transactions received by it as a result of implementation of collection, processing and storage of information of the stock market, except as specified, stipulated by the legislation the Russian Federation.
Russian Federation E. Primakov
Approved by the order of the Government of the Russian Federation of March 16, 1999 No. 291
1. This Provision determines conditions of provision by the Central depositary - the Central fund of storage and information processing of the stock market (further hereinafter is referred to as - the Central depositary) the documents confirming the rights to securities which are stored in national depositary system or is right on which are considered in national depositary system (further imenuyutsyadokument), on requests of courts, federal bodies of the government, public authorities of subjects of the Russian Federation, the local government bodies authorized on receipt of such documents, and owners of securities.
2. Provision of documents by the Central depositary is its special powers and cannot be transferred to any person or body.
3. By preparation of documents the Central depositary can use only those information which was provided by issuers of securities, registrars and participants of national depositary system, and also was registered by the Central depositary according to the procedure, established by standards of national depositary system.
4. The documents issued by the Central depositary do not require the notarial certificate or state registration for confirmation of the rights to securities. The specified documents can be challenged judicially.
5. The documents provided by the Central depositary confirm:
property right, including common property, or other corporeal right to securities;
the pledge right including which arose in connection with the subsequent pledge of securities.
Also other rights performed according to the law, the agreement or other lawful basis concerning the securities belonging to their owners or other legal owners including the rights belonging to the trustee securities or to the nominee holder of securities can be confirmed by the documents provided by the Central depositary.
6. Documents are issued by the Central depositary based on the request constituted by courts, federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies within the powers assigned to them and also the owner of securities.
7. The appeal of the owner of securities (plenipotentiary) to the Central depositary with request about provision to it the document is allowed in case:
receipts of unreasonable refusal by it in provision of the document by depositary - the participant of national depositary system performing storage of the securities belonging to the owner or accounting of the rights to such securities;
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