INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 9, 2017 No. 4484-U

About procedure for coordination by committee on standards on the corresponding type of activity of the financial organizations under the Bank of Russia of basic standards and approvals by the Bank of Russia of the financial organizations approved by committee on standards on the corresponding type of activity under the Bank of Russia of basic standards

This Instruction based on part 7 of article 5 of the Federal Law of July 13, 2015 No. 223-FZ "About self-regulatory organizations in the sphere of the financial market" (The Russian Federation Code, 2015, No. 29, Art. 4349; 2016, No. 27, the Art. 4225) (further - the Federal Law "About Self-regulatory Organisations in the Sphere of the Financial Market") establishes procedure for coordination by committee on standards on the corresponding type of activity of the financial organizations under the Bank of Russia (further - committee on standards) basic standards and approval by the Bank of Russia of the basic standards approved by committee on standards, including the bases for refusal by the Bank of Russia in approval of the basic standard.

1. For the purpose of coordination of the basic standard the self-regulatory organization in the sphere of the financial market (further - self-regulatory organization) represents to committee on standards the draft of the basic standard together with the cover letter in electronic form signed by the strengthened qualified digital signature of person performing functions of sole executive body of self-regulatory organization according to order of interaction of the Bank of Russia with self-regulatory organizations, certain Bank of Russia based on parts one and the eighth article 76.9 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia) (The Russian Federation Code, 2002, No. 28, Art. 2790; 2015, No. 29, Art. 4357; 2021, No. 27, the Art. 5187) (further - order of interaction).

In case of the direction self-regulatory organization in committee on standards of the draft of the basic standard in the new edition taking into account the made changes, including changes made according to recommendations of the Bank of Russia, the self-regulatory organization also submits to committee on standards the document containing list of the changes made to the draft of the basic standard with the description of the reasons of modification in electronic form according to order of interaction.

2. The draft of the basic standard no later than three working days from the date of following behind day of its submission by self-regulatory organization to committee on standards is sent by the secretary of committee on standards for consideration to members of the committee on standards, and the question of its consideration joins in the agenda of committee meeting according to standards.

On committee meeting according to standards the committee on standards considers the draft of the basic standard, and also the note and the proposal of members of the committee on standards to it (in the presence).

3. The committee on standards makes the decision on coordination or on refusal in coordination of the basic standard within ninety working days from the date of its representation by self-regulatory organization.

The decision on coordination or on refusal in coordination of the basic standard is accepted by committee on standards by a simple majority vote from total number of the members of the committee on standards who are present at meeting. In case of equality of votes of members of the committee on standards the voice of the chairman of committee on standards decisive (is in case of its absence - person fulfilling its duties).

4. The decision on refusal in coordination of the basic standard is made by committee on standards in case:

representations of incomplete set of documents by self-regulatory organization and (or) submissions of the documents which are not conforming to the requirements established in Item of 1 this Instruction;

discrepancies of the basic standard to requirements of the Federal Law "About Self-regulatory Organisations in the Sphere of the Financial Market", the Federal Laws regulating the types of activity of the financial organizations, and the regulations of the Bank of Russia adopted according to them specified in the basic standard.

5. The committee on standards notifies on decision making about coordination or about refusal in coordination of the basic standard self-regulatory organization according to order of interaction within five working days from the date of following behind day of adoption of such decision.

In case of acceptance by committee on standards of the decision on refusal the notification on acceptance by committee on standards of the decision on refusal in coordination of the basic standard shall contain motivated reasons for adoption of such decision in coordination of the basic standard.

6. Coordination by committee on standards of the changes made to the basic standard, including the changes made taking into account recommendations of the Bank of Russia according to Item 2 of part 7 of article 5 of the Federal law "About Self-regulatory Organisations in the Sphere of the Financial Market" is performed by coordination by committee on standards of the basic standard represented by self-regulatory organization in the new edition taking into account the made changes according to the procedure, established by Items 1 - 5 these Instructions.

7. The basic standards approved by committee on standards provided by Items 1 - 3 and 5 parts 1 of article 5 of the Federal law "About Self-regulatory Organisations in the Sphere of the Financial Market", together with the cover letter signed by the chairman of committee on standards, and in case of its absence - person fulfilling its duties go to the Bank of Russia (structural division of central office of the Bank of Russia which competence includes regulation, control and supervision of the corresponding type of activity of the financial organizations (further - the structural division exercising supervision of the corresponding type of activity), no later than seven working days following behind day of acceptance by committee on standards of the decision on coordination of the basic standard.

The basic standard approved by committee on standards, stipulated in Item 4 parts 1 of article 5 of the Federal law "About Self-regulatory Organisations in the Sphere of the Financial Market", together with the cover letter signed by the chairman of committee on standards, and in case of its absence - person fulfilling its duties goes to the Bank of Russia (Service on consumer protection and ensuring availability of financial services) no later than seven working days following behind day of acceptance by committee on standards of the decision on coordination of the basic standard.

The paragraph third ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 29.09.2022 No. 6279-U

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