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Ministry of Justice

Russian Federation

On October 4, 2019 No. 56133

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 12, 2019 No. 5255-U

About requirements to procedure for acquaintance with the registered decision on release of issued securities

This Instruction based on Item 6 of article 17 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; 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. 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, Art. 4219; 2015, No. 1, Art. 13; No. 14, Art. 2022; No. 27, Art. 4001; No. 29, Art. 4348, Art. 4357; 2016, No. 1, Art. 50, Art. 81; No. 27, Art. 4225; 2017, No. 25, Art. 3592; No. 27, Art. 3925; No. 30, Art. 4444; No. 48, Art. 7052; No. 52, Art. 7920; 2018, No. 1, Art. 65, Art. 70; No. 17, Art. 2424; No. 18, Art. 2560; No. 32, Art. 5088; No. 49, Art. 7524; No. 53, Art. 8440; 2019, No. 25, Art. 3169; No. 30, Art. 4150; No. 31, of the Art. 4418) (further - the Federal Law "About the Security Market") establishes requirements to procedure for acquaintance with the registered decision on release of issued securities.

1. According to Item 6 of article 17 of the Federal law "About the Security Market" the issuer, and also the registrar performing maintaining the register of owners of securities of the issuer (further - the registrar), or the depositary performing centralized accounting of the rights to securities of the issuer (further - head depositary), upon the demand of any interested person (further - the interested person) shall give it opportunity to study the registered decision on release of issued securities of the issuer (further - the decision on issue of securities).

The registrar gives to the interested person opportunity to study the decision on issue of securities, the rights to which are considered in the register of owners of securities of the issuer.

The head depositary gives to the interested person opportunity to study the decision on issue of securities, centralized accounting of the rights to which it performs.

2. The requirement about acquaintance with the decision on issue of securities (further - the Requirement) shall contain:

surname, name, middle name (in the presence) the interested person who is physical person or full trade name (for the commercial organizations) or the name (for non-profit organizations) and the primary state registration number (other identification number - concerning the foreign organization) the interested person who is the legal entity;

method of communication with the interested person (postal address and (or) e-mail address);

identification signs of securities, the decision on which release is requested for acquaintance (one or several identification signs of securities are specified: type, category (type), series, registration number of release (additional release) of securities and date of its registration and (or) other identification signs of securities);

specifying on the fact that the Requirement goes according to Item 6 of article 17 of the Federal law "About the Security Market";

signature date of the Requirement and signature of the interested person.

3. According to the decision of the interested person in the Requirement the following data are specified:

additional methods of communication with the interested person;

specifying for the preferable period (date) of acquaintance of the interested person with the decision on issue of securities.

4. Requirement is imposed on the issuer (registrar, head depositary) by the interested person one of the following methods at its choice:

the direction mail service or through mail and messenger service to the issuer's address (registrars, head depositary) containing in the Unified State Register of Legal Entities, or to the addresses specified in the charter of the issuer (the registrar, head depositary) or opened on the issuer's website (registrars, head depositary) on the Internet (further - Internet network);

delivery under the signature to the person holding position (performing functions) of sole executive body of the issuer (the registrar, head depositary) or to the other person, the representative to accept the written correspondence addressed to the issuer (registrar, head depositary);

giving by the interested person whose rights to securities of the issuer are considered by the nominee holder performing accounting of the rights of the interested person to securities, instructions (instruction) to this nominee holder if it is provided by the contract with it, and referral this nominee holder of the message on declaration of will of the interested person according to the specifying (instruction) got from it;

giving by the interested person whose rights to securities of the issuer are considered by head depositary, instructions (instruction) to head depositary if it is provided by the contract with it;

the direction otherwise (including electric communication, including means of fax and cable connection, e-mail, by means of private office) if the different way is provided by the charter of the issuer or the internal document of the issuer (registrars, head depositary).

5. If Requirement is imposed by the nominee holder performing accounting of the rights of the interested person to securities of the issuer by the direction of the message on declaration of will of the interested person according to the specifying (instruction) received from it, this message shall contain date of its direction the nominee holder.

6. The requirement is considered the received issuer (registrar, head depositary) in one of the following dates:

the date of receipt of the mailing by the issuer (registrar, head depositary) if the Requirement is sent to the issuer (registrar, head depositary) by the non-registered letter or other simple mailing;

date of delivery to the issuer (registrar, head depositary) if the Requirement is sent to the issuer (registrar, head depositary) through mail and messenger service, by the registered mail or other registered mailing or it is handed to the issuer's representative (registrars, head depositary) under the signature;

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