of August 2, 2019 No. 259-FZ
About investment attraction with use of investment platforms and about modification of separate legal acts of the Russian Federation
Accepted by the State Duma on July 24, 2019
Approved by the Federation Council on July 26, 2019
1. This Federal Law governs the relations arising in connection with investment and investment attraction with use of investment platforms, determines the legal basis of activities of operators of investment platforms, regulates origin and the address of the utilitarian digital rights provided by this Federal Law and also issue and the security circulation certifying the utilitarian digital rights.
2. Operation of this Federal Law does not extend to the relations arising in connection with investment by the methods which are not provided by this Federal Law.
1. For the purposes of this Federal Law the following basic concepts are used:
1) investment platform - the information system on the Internet used for the conclusion by means of information technologies and technical means of this information system of agreements of investment, access to which is provided by the operator of investment platform;
2) investments - the money used for the purpose of profit earning or achievement of other useful effect by acquisition of the securities provided by this Federal Law or the digital rights or by provision of loan;
3) activities for the organization of investment attraction - rendering services in assistance in investment and services in investment attraction with use of investment platform;
4) the investor - physical person (citizen) or the legal entity to which the operator of investment platform renders services in assistance in investment;
5) person attracting investments - the legal entity created in accordance with the legislation of the Russian Federation or the individual entrepreneur to whom the operator of investment platform renders services in investment attraction;
6) participants of investment platform are the investors, persons attracting investments, and also the faces specified in part 9 of article 8 of this Federal Law;
7) the operator of investment platform - the economic society created in accordance with the legislation of the Russian Federation, performing activities for the organization of investment attraction and included by the Bank of Russia in the register of operators of investment platforms;
8) the investment offer - the proposal of person attracting investments to sign with it the agreement of investment;
9) the agreement of investment - the agreement between the investor and person attracting investments on whom investment with use of investment platform by the methods provided by this Federal Law is performed;
10) the utilitarian digital rights - the digital rights specified in parts 1 and 3 of article 8 of this Federal Law;
11) disclosure of information by the operator of investment platform - ensuring availability of information to the uncertain group of people by placement of information in open entry on the Internet on the website which owner is the operator of investment platform;
12) provision of information by the operator of investment platform - the actions of the operator of investment platform directed to receipt of information by participants of investment platform and (or) information transfer to participants of investment platform;
13) mobile application - the software applied by physical persons with use of the technical device (the mobile phone, the smartphone or the computer, including the tablet computer) connected to the Internet to access to investment platform.
2. The concepts "controlling person" and "under control person (controlled organization)" are used in this Federal Law in the value determined by the Federal Law of April 22, 1996 No. 39-FZ "About the security market".
3. The concept "information system" is used in this Federal Law in the value determined by the Federal Law of July 27, 2006 No. 149-FZ "About information, information technologies and on information security".
1. Activities for the organization of investment attraction are performed based on service provision agreements on investment attraction and service provision agreements on assistance in investment. Services in investment attraction can be rendered only to the faces relevant to requirements of article 14 of this Federal Law.
2. According to the service provision agreement on investment attraction one party (the operator of investment platform) shall according to rules of investment platform provide to other party (person attracting investments) access to investment platform for the conclusion with the investor of the agreement of investment by means of information technologies and technical means of this investment platform.
3. According to the service provision agreement on assistance in investment one party (the operator of investment platform) shall according to rules of investment platform provide to other party (investor) access to investment platform for the conclusion with person attracting investments, agreements of investment by means of information technologies and technical means of this investment platform.
4. If it is provided by rules of investment platform, the payment for rendering services in investment attraction and (or) payment for rendering services in assistance in investment is not levied.
5. The service provision agreement on investment attraction and the service provision agreement on assistance in investment are agreements of accession which conditions are determined by the operator of investment platform in rules of investment platform.
6. The operator of investment platform shall identify person with whom the service provision agreement on investment attraction or the service provision agreement on assistance in investment is signed. At the same time the operator of investment platform has the right to identify such persons and (or) to update information on them with use of the data received from single system of identification and authentication.
7. The operator of investment platform to the conclusion of the service provision agreement on assistance in investment shall receive from the investor - physical person confirmation of the fact that he got acquainted with the risks connected with investment realizes that investment with use of investment platform is high risk and can lead to loss of investments in full, and accepts such risks.
8. The operator of investment platform represents to the Central bank of the Russian Federation (Bank of Russia) reports on implementation of activities for the organization of investment attraction according to the procedure, form and terms which are established by regulations of the Bank of Russia.
1. The operator of investment platform has the right to perform activities for the organization of investment attraction on condition of disclosure of rules of investment platform according to requirements of article 15 of this Federal Law.
2. Shall contain in rules of investment platform:
1) terms of the contract about rendering services in investment attraction and service provision agreements on assistance in investment;
2) procedure for accession to the service provision agreement on investment attraction and (or) to the service provision agreement on assistance in investment, including procedure for establishment of persons in case of the conclusion of such agreements;
3) requirements to participants of investment platform;
4) investment methods with use of investment platform;
5) requirements to contents of the investment offer;
6) procedure for adoption of the investment offer;
7) terms of transfer of money to participants of investment platform from the nominal account opened for the operator of investment platform;
8) amount of remuneration of the operator of investment platform or procedure for its determination or specifying on lack of remuneration;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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