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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 30, 2019 No. 1538

About determination of cases and conditions under which payments and (or) the realization of the rights on securities can be enabled without observance of separate provisions of the Federal Law "About the Security Market"

According to Item 17 of Article 8.7 and Item 13 of article 8.9 of the Federal law "About the Security Market" Government of the Russian Federation decides:

1. Determine that payments and (or) the realization of the rights on securities can be enabled without observance of provisions of articles 8.7 and (or) 8.9 of the Federal law "About the Security Market" in the following cases:

a) if the issuer of securities is included in the list of residents provided by part 4.2 of article 19 of the Federal law "About Currency Control and Currency Exchange Control";

b) if issuer of securities is the credit institution referred to category of authorized banks according to the Federal Law "About the State Defensive Order";

c) if person performing the rights on securities is included in the list of residents provided by part 4.2 of article 19 of the Federal law "About Currency Control and Currency Exchange Control";

d) if the rights on securities are performed by the foreign organization, including structure without formation of legal entity (in particular, fund, partnership, partnership, trust, other form of implementation of collective investments and (or) trust management), and person for the benefit of whom the rights on securities are performed (the beneficiary, the unitholder, the principal or the other person) is included in the list of residents provided by part 4.2 of article 19 of the Federal law "About Currency Control and Currency Exchange Control".

2. Determine the following conditions in case of which simultaneous observance payments and (or) the realization of the rights on securities can be enabled without observance of provisions of articles 8.7 and (or) 8.9 of the Federal law "About the Security Market":

a) the rights to securities of person having the right to payments and (or) realization of the rights on them are considered by the foreign nominee holder or the foreign organization having the right according to its personal law to perform accounting and transition of the rights to securities;

b) the issuer has information on all Russian nominee holders, and also on all foreign nominee holders or the foreign organizations having the right according to their personal law to perform accounting and transition of the rights to securities on which accounts the rights to the securities belonging to it are considered;

c) to the issuer the statement of person having the right to payments and (or) realization of the rights on securities containing arrived:

the number of securities concerning which the statement is constituted;

offers on procedure for obtaining by person having the right to payments for securities, the specified payments and (or) the offer on procedure for realization by person having the right to realization of the rights on securities, the specified rights;

d) to the issuer assurance of person having the right to payments and (or) realization of the rights on securities that it on legal causes owns that number of securities which is specified in the statement provided by the subitem "v" of this Item arrived;

e) to the nominee holder registered in the shareholder register or the depositary performing obligatory centralized storage of securities or centralized accounting of the rights to securities, the issuer provides information on person concerning whom payments and (or) realization of the rights for securities are performed without observance of provisions of articles 8.7 and (or) 8.9 of the Federal law "About the Security Market", including quantity belonging to such person of securities and the data, provided by the subitem "b" of this Item.

3. Operation of this resolution extends including to payment of unclaimed dividends.

4. This resolution becomes effective since January 1, 2020.

Russian Prime Minister

D. Medvedev

 

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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