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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 20, 2020 No. 211-FZ

About making of financial transactions with use of financial platform

Accepted by the State Duma on July 9, 2020

Approved by the Federation Council on July 15, 2020

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations arising in the field of rendering by operators financial platforms of the services connected with possibility of making of financial transactions between consumers of financial services and the financial organizations or issuers with use of financial platforms and also determines the legal basis of activities of such operators.

2. Requirements of this Federal Law do not extend to the activities for rendering the services connected with transactions possibility, performed by persons who were not included by the Bank of Russia in the register of operators of financial platforms.

Article 2. The basic concepts used in this Federal Law

1. In this Federal Law the following basic concepts are used:

1) financial platform - information system which provides interaction of the financial organizations or issuers with consumers of financial services (further - participants of financial platform) by means of the Internet for the purpose of possibility of making of financial transactions and access to which is provided by the operator of financial platform;

2) the operator of financial platform - the legal entity created in form of business of joint-stock company in accordance with the legislation of the Russian Federation, rendering the services connected with possibility of making of financial transactions between the financial organizations or issuers and consumers of financial services with use of financial platform, and included by the Bank of Russia in the register of operators of financial platforms. The operator of financial platform is not the party of the financial transactions made with use of financial platform;

3) the financial organizations - the credit institutions and not credit financial credit institutions which joined the service provision agreement of the operator of financial platform for the purpose of making of financial transactions with consumers of financial services including on behalf of issuers;

4) issuers are the issuers (in the value determined by the Federal Law of April 22, 1996 No. 39-FZ "About the security market") who joined the service provision agreement of the operator of financial platform for the purpose of making of financial transactions concerning securities of such issuers with consumers of financial services and issuers whose financial transactions concerning securities make the financial organizations acting on behalf of these issuers;

5) the consumer of financial services - the physical person who joined the service provision agreement of the operator of financial platform for the purpose of making of financial transactions with the financial organizations and issuers;

6) the special account - the nominal account opened for the owner - to the operator of financial platform in the credit institution conforming to the established presents the Federal Law to requirements, intended for making of the transactions determined by this Federal Law with the money belonging to beneficiaries - to consumers of financial services, and used when making financial transactions by participants of financial platform;

7) financial transactions - transactions on provision of banking services, insurance services, services in the security market, transactions with financial instruments, transactions on provision of other services of financial nature provided by rules of financial platform made between the financial organizations or issuers and consumers of financial services with use of financial platform, except for the bank account agreements (contribution) signed in connection with implementation by the consumer of financial services of business activity;

8) the registrar of financial transactions - the repository having the status of the central depositary or being the legal entity whose all shares (shares) belong to the central depositary, and performing repository activities concerning financial transactions.

2. 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".

Article 3. Service provision agreement of the operator of financial platform

1. According to the service provision agreement of the operator of financial platform the operator of financial platform shall according to rules of financial platform render the services connected with possibility of making by participants of financial platform of financial transactions with use of financial platform. According to the service provision agreement of the operator of financial platform the operator of financial platform can also render to participants of financial platform of service in information support of interaction for the purpose of making of financial transactions according to the procedure, provided by rules of financial platform.

2. The conclusion of the service provision agreement of the operator of financial platform is performed by joining of participants of financial platform to the specified agreement which conditions are provided by rules of financial platform, according to the procedure, established by rules of financial platform.

Article 4. Rules of financial platform

1. Shall contain in rules of financial platform:

1) requirements to participants of financial platform;

2) types of financial transactions which making is performed according to rules of financial platform;

3) terms of the contract about rendering services of the operator of financial platform, including the rights and obligations of the operator of financial platform, joined such agreement of consumers of financial services, the financial organizations and issuers, and also order of interaction between the operator of financial platform and participants of financial platform in case of the conclusion and execution of financial transactions with use of financial platform;

4) the procedure for placement by the operator of financial platform of information on the financial transactions made with use of financial platform (including with the assistance of persons involved by the operator of financial platform based on the agreement), providing fulfillment of requirements, stipulated in Clause the 15th this Federal Law including the measures applied by the operator of financial platform for the purpose of ensuring compliance with such requirements;

5) procedure and terms of consideration by the operator of financial platform of addresses of consumers of the financial services connected with use of financial platform by them;

6) requirements to the financial organizations about information security and about operational reliability when making financial transactions with use of financial platform;

7) the list of the services of the operator of financial platform in carrying out identification of the client rendered to the financial organizations - the consumer of financial services, the representative of the client, the beneficiary, the beneficial owner, the simplified identification of the client - the consumer of financial services according to the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing";

8) procedure for the direction of instructions of the consumer of financial services to the operator of financial platform by means of financial platform, procedure and conditions of acceptance to execution of instructions of the consumer of financial services, and also procedure and term of confirmation of execution by the operator of financial platform of instructions of the consumer of financial services;

9) procedure for execution of instructions of the consumer of financial services, including term of the direction of orders of the operator of financial platform in credit institution about making of transactions on the special account based on specifying of the consumer of financial services. At the same time the term of the direction of orders of the operator of financial platform about cash write-off from the special account cannot exceed one working day from the moment of receipt of financial platform of specifying of the consumer of financial services by the operator if other is not provided by such specifying;

10) procedure and terms of informing financial platform of the consumer of financial services by the operator on remaining balance of the money belonging to it on the special account (in case of their availability);

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