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Ministry of Justice

Russian Federation

On October 4, 2019 No. 56147

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 30, 2019 No. 5220-U

About requirements with which observance obligations under depositary agreements the organization on which the Bank of Russia makes the decision on cancellation of the license of the professional participant of the security market for implementation of depository activity, and requirements to implementation of depository activity and activities for maintaining the register of owners of securities in case of discharge of depositary agreements stop

(as amended of the Instruction of the Central bank of the Russian Federation of 27.09.2022 No. 6266-U)

Based on Item 1 of Article 39. 2, Item 3 of article 42 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 26, 2019) (further - the Federal Law "About the Security Market") this Instruction establishes requirements with which observance obligations under depositary agreements the organization on which the Bank of Russia makes the decision on cancellation of the license of the professional participant of the security market for implementation of depository activity, and the requirement to implementation of depository activity and activities for maintaining the register of owners of securities in case of discharge of depositary agreements stop.

Chapter 1. Requirements with which observance obligations under depositary agreements the organization on which the Bank of Russia makes the decision on cancellation of the license of the professional participant of the security market for implementation of depository activity stop

1.1. The organization on which the Bank of Russia makes the decision on cancellation of the license of the professional participant of the security market for implementation of depository activity (further respectively - the organization, the decision on cancellation of the license of depositary), in case of discharge of depositary agreements within 2 working days from the date of receipt of the cancellation notice of the license for implementation of depository activity in cases, stipulated in Item 4 Articles 39, by subitems 2 - 13, 15, Item 2 of article 39.1 of the Federal law "About the Security Market" (further - the notification of the Bank of Russia) shall place (to publish) on the official site on the Internet and to send to each depositor the message containing the following information.

1.1.1. The term during which specifying of the depositor about method of return of its property which is at the organization (further respectively - term for acceptance of instructions is accepted, specifying of the depositor), determined by the organization and constituting at least a half of the term established by the decision on cancellation of the license of depositary for discharge, connected with implementation of depository activity (further - term for discharge).

1.1.2. Request for need of provision by the depositor of the following details:

the custody account or personal account in the register of owners of securities (further - the register) on which by the organization securities of the depositor - concerning bank entry securities and documentary securities with obligatory centralized storage shall be enlisted;

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