It is registered
Ministry of Justice
On March 27, 2015 No. 36575
of February 16, 2015 No. 3565-U
About types of derivative financial instruments
This Specifying according to Item 2 of article 44 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2001, No. 33, Art. 3424; 2002, No. 52, Art. 5141; 2004, No. 27, Art. 2711; No. 31, Art. 3225; 2005, No. 11, Art. 900; No. 25, Art. 2426; 2006, No. 1, Art. 5; No. 2, Art. 172; No. 17, Art. 1780; No. 31, Art. 3437; No. 43, Art. 4412; 2007, No. 1, Art. 45; No. 18, Art. 2117; No. 22, Art. 2563; No. 41, Art. 4845; No. 50, Art. 6247, Art. 6249; 2008, No. 52, Art. 6221; 2009, No. 1, Art. 28; No. 18, Art. 2154; No. 23, Art. 2770; No. 29, Art. 3642; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 17, Art. 1988; No. 31, Art. 4193; No. 41, Art. 5193; 2011, No. 7, Art. 905; No. 23, Art. 3262; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7040; No. 50, Art. 7357; 2012, No. 25, Art. 3269; No. 31, Art. 4334; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4043, Art. 4082, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6985; 2014, No. 30, the Art. 4219) determines types of derivative financial instruments.
1. Basic assets of derivative financial instruments are securities, goods, currency, interest rates, the rate of inflation, official statistical information, the physical, biological and (or) chemical indicators of state of environment, agreements which are derivative financial instruments, the values calculated based on one or sets of several indicators specified in this Item on which prices (values) depend the obligation of the party or agreement parties which is the derivative financial instrument.
Basic asset of the derivative financial instrument also is approach of the circumstance corresponding to the conditions provided by the agreement which is the derivative financial instrument, and testimonial of non-execution or improper execution by one or several legal entities, the states or municipalities (further - control person) the obligations, about availability of the bases for submission of demand about early fulfillment of duties of control person, about debt restructuring of control person, about recognition of control person by insolvent (bankrupt), about actions of the state bodies capable to prevent execution by control person of the obligations, or other circumstance which is stipulated by the legislation the Russian Federation and concerning which it is unknown it will come or will not come (further - credit event), under condition, that about approach of such credit event the message corresponding to the conditions provided by the agreement which is the derivative financial instrument is made.
The derivative financial instrument can have more than one basic asset.
2. The option agreement is recognized:
the agreement providing agreement obligation of the Party in case of submission of demand other party periodically and (or) one-timely to pay sums of money depending on the change in price (values) of basic asset and (or) approach of the circumstance which is basic asset;
the agreement providing one of the following obligations:
agreement obligation of the Party on the conditions determined in case of its conclusion in case of submission of demand other party to purchase or sell the securities, currency or goods which are basic asset including by the conclusion the party (parties) and (or) person (persons) for the benefit of which, (which) the option agreement, the purchase and sale agreement of securities, the purchase and sale agreement of foreign currency or the delivery agreement of goods was signed;
agreement obligation of the Party in case of submission of demand other party to sign the agreement which is the derivative financial instrument and constituting basic asset.
The option agreement in addition to the conditions established by the paragraph the fourth or fifth this Item can also provide obligation of each of the parties periodically to pay sums of money depending on the change in price (values) of basic asset and (or) approach of the circumstance which is basic asset.
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