INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 26, 2022 No. 6264-U

About requirements to implementation by professional participants of the security market of broker, dealer activities, the securities management and activities (carrying out transactions) of managing companies of investment funds, mutual investment funds and non-state pension funds regarding provision on the exchange of information on the purchase and sale agreements of securities, and also rules, structure, procedure and terms of its disclosure by the exchange signed by them not at the organized biddings

This Instruction based on Item 3 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" <1>, Item 8 of part 2 and part 6 of Article 22, of Item 14 of part 1 of article 25 of the Federal Law of November 21, 2011 No. 325-FZ "About the organized biddings" <2> and subitem 1.1 of Item 2 of article 55 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" <3> establishes requirements to implementation by professional participants of the security market of broker, dealer activities, the securities management and activities (carrying out transactions) of managing companies of investment funds, mutual investment funds and non-state pension funds regarding provision on the exchange of information on the purchase and sale agreements of securities signed by them not at the organized biddings, and also rules, structure, procedure and terms of its disclosure by the exchange.

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<1> Russian Federation Code, 1996, No. 17, Art. 1918; 2015, No. 27, Art. 4001.

<2> Russian Federation Code, 2011, No. 48, Art. 6726; 2013, No. 30, Art. 4084.

<3> Russian Federation Code, 2001, No. 49, Art. 4562; 2012, No. 31, Art. 4334.

Chapter 1. Requirements to implementation by professional participants of the security market of broker, dealer activities, the securities management and activities (carrying out transactions) of managing companies of investment funds, mutual investment funds and non-state pension funds regarding provision on the exchange of information on the purchase and sale agreements of securities signed by them not at the organized biddings

1.1. The professional participants of the security market performing broker, dealer activities, the securities management, and also managing companies of investment funds, mutual investment funds and non-state pension funds (further in case of joint mentioning - the reporting person) shall provide on the exchange information on the purchase and sale agreements of securities signed by them not at the organized biddings (further - off-exchange purchase and sale agreements of securities) in case of simultaneous observance of the following conditions:

the securities which are subject of the off-exchange purchase and sale agreement of securities are included at the time of the conclusion of the off-exchange purchase and sale agreement of securities in the quoted list at least by one of the exchanges and are not securities of foreign issuers which listing is performed by the exchange without the conclusion of the contract with the foreign issuer of such securities according to Item 2.1 of article 14 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" <1>;

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<1> Russian Federation Code, 1996, No. 17, Art. 1918; 2012, No. 53, Art. 7607; 2017, No. 27, Art. 3925.

the securities which are subject of the off-exchange purchase and sale agreement of securities are allowed at the time of the conclusion of the off-exchange purchase and sale agreement of securities to the organized biddings at least of one of organizers of trade and are not securities of foreign issuers which listing is performed by the exchange without the conclusion of the contract with the foreign issuer of such securities according to Item 2.1 of article 14 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market";

the off-exchange purchase and sale agreement of securities is signed from name and at the expense of the reporting person, on behalf of the reporting person and for customer account of the reporting person or from name and for customer account of the reporting person.

1.2. Information on the off-exchange purchase and sale agreement of securities shall be provided by the reporting person on one of the exchanges rendering services in carrying out the organized biddings by securities of the same type as the securities which are subject of the off-exchange purchase and sale agreement of securities at the choice of the reporting person.

1.3. If the off-exchange purchase and sale agreement of securities is signed between the reporting persons or one of the parties according to the off-exchange purchase and sale agreement of securities is the central partner, on the exchange the reporting person, being the party buyer according to the off-exchange purchase and sale agreement of securities or acting on behalf of the client, being the party buyer according to such off-exchange purchase and sale agreement of securities shall provide information on the off-exchange purchase and sale agreement of securities.

1.4. Information on off-exchange purchase and sale agreements of securities shall be provided on the exchange by the reporting person at its choice independently or with involvement of the clearing organization if according to the obligations which arose from the off-exchange purchase and sale agreement of securities clearing is performed.

1.5. In provided by the reporting person on the exchange of information on the off-exchange purchase and sale agreement of securities the following data shall be specified:

full trade name and identification taxpayer number of the reporting person;

specifying on from what name (on its own behalf, on behalf of the client) and for whose account (at own expense, for customer account) the reporting person signs the off-exchange purchase and sale agreement of securities;

specifying on orientation of the off-exchange purchase and sale agreement of securities (purchase or security sale);

type, category (type) of the securities which are subject of the off-exchange purchase and sale agreement of securities and also the international code (number) of identification of securities (ISIN) and the international code of classification of financial instruments (CFI) (in the presence) appropriated to the specified securities;

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