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Ministry of Justice

Russian Federation

On February 6, 2019 No. 53703

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 1, 2018 No. 658-P

About requirements to the skilled central partner, procedure for recognition of quality of management of the central partner satisfactory, about the bases and procedure for decision making about recognition of quality of management of the central partner unsatisfactory, procedure for bringing information on the made decision to the central partner

(as amended on 30-06-2021)

This Provision based on Item 1.1 of Article 2, Item 9.1 of part 1 of 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; 2018, No. 24, Art. 3399; No. 31, of the Art. 4841, of the Art. 4861) (further - the Federal Law "About Clearing, Clearing Activities and the Central Partner") establishes procedure for recognition of quality of management of the central partner satisfactory, the bases and procedure for decision making about recognition of quality of management of the central partner unsatisfactory, procedure for bringing information on the made decision to the central partner, and also the requirement to the skilled central partner.

Chapter 1. Procedure for recognition of quality of management of the central partner by the Bank of Russia satisfactory, the bases and procedure for adoption by the Bank of Russia of the decision on recognition of quality of management of the central partner unsatisfactory and procedure for bringing information on the made decision to the central partner

1.1. Recognition of quality of management of the central partner, including recognition of risk management system of the central partner, internal control and corporate management of the central partner (further - recognition of quality of management of the central partner), satisfactory is performed by the Bank of Russia based on the petition of the central partner for recognition of quality of management of the central partner satisfactory (further - the petition).

1.2. The petition goes the central partner to the Bank of Russia (structural division within which competence implementation of functions of control and supervision of activities of the central partners) (further - authorized structural division of the Bank of Russia) with application of documents and the data confirming accomplishment by the central partner within year before date of the direction of the petition in the Bank of Russia of the requirements established by Items 2.1 - 2.5, 2.7 - 2.41 of this provision is (further - documents and data of the central partner).

1.3. Recognition of quality of management of the central partner of satisfactory (unsatisfactory) is performed by the Bank of Russia in time, not exceeding three months from the date of receipt of the petition, documents and data of the central partner.

1.4. The petition, documents and data of the central partner go the central partner to authorized structural division of the Bank of Russia in the form of electronic documents according to the order of interaction of the Bank of Russia with not credit financial credit institutions determined 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; 2016, No. 27, the Art. 4225) (further - order of interaction), by placement in private office of the central partner on the official site of the Bank of Russia on the Internet (further - private office).

The date of receipt of the petition, documents and data of the central partner is registration date of the petition in the Bank of Russia with assignment to it the entering number according to order of interaction.

1.5. In case of non-compliance by the central partner with the requirements to registration and completeness provided by Items 1.2 and 1.4 of this provision, authorized structural division of the Bank of Russia no later than five working days from the date of submission by the central partner of the petition, documents and data of the central partner informs on it the central partner through private office according to order of interaction.

In case of the direction to the central partner of information on non-compliance with the requirements to registration and completeness provided by Items 1.2 and 1.4 of this provision, term, stipulated in Item 1.3 this provision it is estimated from the date of submission by the central partner to the Bank of Russia of the petition, documents and data of the central partner according to the requirements established by this Provision.

In case of non-presentation by the central partner of the petition, documents and data of the central partner in the Bank of Russia within five working days from the date of the informing provided by paragraph one of this Item, the authorized structural division of the Bank of Russia stops consideration of the petition.

1.6. In case of establishment by the central partner of the requirements to registration and completeness provided by Items 1.2 and 1.4 of this provision authorized by structural division of the Bank of Russia of observance, the authorized structural division of the Bank of Russia performs check of accomplishment by the central partner within year before date of the direction of the petition, and also during its consideration of the requirements established by Items 2.1 - 2.5, 2.7 - 2.41 of this provision, and check of reliability of the data containing in the submitted documents and data of the central partner.

Check of accomplishment by the central partner of the requirements established by Items 2.1 - 2.5, 2.7 - 2.41 of this provision, is carried out by authorized structural division of the Bank of Russia including on the basis:

the data provided by the central partner to the Bank of Russia for date of submission of the petition;

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