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Ministry of Justice

Russian Federation

On November 5, 2019 No. 56410

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 9, 2019 No. 5229-U

About the list obligatory for development by the self-regulatory organizations in the sphere of the financial market uniting investment advisers, basic standards and requirements to their content and also about the list of transactions (content of types of activity) of investment advisers in the financial market, standardization subjects

Based on part 2 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, Art. 4225; 2017, No. 52, Art. 7920; 2018, No. 1, Art. 10; No. 49, of the Art. 7524) this Instruction establishes the list obligatory for development by the self-regulatory organizations in the sphere of the financial market uniting investment advisers, basic standards and the requirement to their content and also the list of transactions (content of types of activity) of investment advisers in the financial market, standardization subjects.

1. The self-regulatory organizations in the sphere of the financial market uniting investment advisers (further - self-regulatory organizations), shall develop the following basic standards:

protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of self-regulatory organizations (further - the basic standard of protection of the rights and interests of receivers of services of investment advisers);

making of transactions in the financial market.

2. The basic standard of protection of the rights and interests of receivers of services of investment advisers shall contain:

2.1. the minimum amount provided to physical persons and legal entities - to receivers of financial services, and also potential receivers of financial services (further - receivers of financial services) the investment adviser of information:

about the complete and reduced (in the presence) trade name of the investment adviser - for the investment adviser who is the legal entity;

about surname, name, middle name (the last - in the presence) the investment adviser - for the investment adviser who is the individual entrepreneur;

about the service mark used by the investment adviser (in the presence);

about date of entering of information about the investment adviser into the unified register of investment advisers;

about membership of the investment adviser in self-regulatory organization of investment advisers;

about the basic standard of protection of the rights and interests of receivers of services of investment advisers applied by the investment adviser;

about the location of the investment adviser (for the investment adviser who is the legal entity), about the residence of the investment adviser (for the investment adviser who is the individual entrepreneur), contact phone number of the investment adviser, about the address of the official site of the investment adviser on the Internet;

about the financial services rendered by the investment adviser;

about procedure for receipt of the financial services rendered by the investment adviser including about the documents connected with rendering financial services by the investment adviser;

about the amount of payment for rendering financial services by the investment adviser;

about the address (addresses) of the website (websites) on the Internet on which, (which) the program for electronic computers specified in subitem 3.7 of Item 3 presents of the Instruction is placed, - in case of provision by the investment adviser of the individual investment recommendation by means of this program;

about contracts with the third parties providing payment of remuneration for provision to clients of individual investment recommendations (in the presence);

about the body performing powers on control and supervision of activities of investment advisers;

about methods and addresses of the direction receivers of financial services of addresses to the investment adviser, in self-regulatory organization, in the body performing powers on control and supervision of activities of investment advisers;

about methods of protection of the rights of receivers of financial services, including information on availability of opportunity and methods of pre-judicial dispute settlement, including on the procedure of mediation (in case of its availability);

2.2. the procedure for provision by the investment adviser of information to receivers of financial services providing:

information access of receivers of financial services on equal terms and in equal amount;

exception of provision of information which can entail ambiguous interpretation of properties of financial service;

provision to the receiver of financial services of information without costs from the receiver of financial services;

information statement available language (with use of legible fonts, formats - in case of provision of information on paper) with explanation of special terms (in case of their availability);

the notification of receivers of financial services on the risks connected with rendering financial service by the investment adviser;

the notification of the receiver of financial services that the individual investment recommendation is provided according to its investment profile with indication of this investment profile;

2.3. the rules of interaction of the investment adviser with receivers of financial services including:

quality requirements of consultation of receivers of financial services in the financial services rendered by the investment adviser, including concerning the legislation of the Russian Federation regulating the specified financial services;

the measures directed to exception of conflict of interest, including measure for identification, management and control of conflict of interest when rendering financial service by the investment adviser and also on prevention of its consequences;

requirements to content and form of the notification of the receiver of financial services on general nature and (or) sources of the conflict of interest which arose when rendering financial service by the investment adviser;

the requirement about exception the investment adviser of obstacles to implementation by the receiver of financial services of audio recording, video or photographings of process of interaction of the receiver of financial services with the investment adviser in the places intended for servicing of receivers of financial services;

methods of the direction of information to the receiver of financial services in connection with rendering financial service by the investment adviser;

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