It is registered
Ministry of Justice
Russian Federation
On December 8, 2023 No. 76331
of September 7, 2023 No. 6521-U
About procedure and terms of exception the Bank of Russia of information about the legal entity from the register of participants of experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing in case of submission of the corresponding statement by the participant of experiment
This Instruction based on part 3 of article 7 of the Federal Law of August 4, 2023 No. 417-FZ "About carrying out experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing in certain subjects of the Russian Federation and about modification of separate legal acts of the Russian Federation" establishes procedure and terms of exception the Bank of Russia of information about the legal entity from the register of participants of experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing in case of submission of the corresponding statement by the participant of experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing.
1. The Bank of Russia considers question of exception of information about the legal entity of the register of participants of experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing (further respectively - the register, the participant of experiment) which procedure for maintaining is provided by part 2 of article 5 of the Federal Law of August 4, 2023 No. 417-FZ "About carrying out experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing in certain subjects of the Russian Federation and about modification of separate legal acts of the Russian Federation" (further - the Federal Law of August 4, 2023 No. 417-FZ), within twenty working days from the date of giving by the participant of experiment of the statement for exception of information about the participant of experiment of the register (further - the statement), and also documents and information, confirming availability or absence at the participant of experiment of the obligations which arose in connection with transactions (transactions) when implementing by it of activities for partner financing as of day of giving by the participant of experiment of the statement.
2. The participant of experiment, being credit institution or not credit financial credit institution, shall direct to the Bank of Russia the application, and also the documents and information specified in Item of 1 this Instruction according to the procedure determined by the Bank of Russia based on Article 73. 1, article 76.9 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (further - order of interaction with the Bank of Russia), by means of private office, the reference to which is posted on the official site of the Bank of Russia on the Internet (further - private office).
The participant of experiment, not being credit institution or not credit financial credit institution, shall direct to the Bank of Russia the application, and also the documents and information specified in Item of 1 this Instruction, one of the following methods:
in case of absence at the participant of experiment of access to private office - on paper the registered mail with the assurance of receipt (other registered mailing);
in case of availability at the participant of experiment of access to private office - in the form of electronic documents by means of private office according to order of interaction with the Bank of Russia.
In case of representation by the participant of experiment of the statement, documents and information specified in Item of 1 this Instruction on paper to the application by the participant of experiment encloses the electronic medium of information (flash store) containing electronic copies the represented participant of experiment of the statement, documents and information. Information provided on the electronic medium of information (flash store) shall be identical to information on paper.
If the application is signed by person which is not performing function of sole executive body of the participant of experiment the copy of the document confirming powers of the person for its signing shall be enclosed to the specified application.
Day of giving in the Bank of Russia of the statement, submission of the documents and information specified in Item of 1 this Instruction on paper is day of their registration in the Bank of Russia (territorial office of the Bank of Russia).
3. If the documents and (or) information specified in Item of 1 this Instruction are not enclosed to the application and also if such documents and (or) information do not confirm availability (absence) of the obligations which arose in connection with transactions (transactions) when implementing by the participant of experiment of activities for partner financing, the Bank of Russia within ten working days from the date of filing of application sends inquiry to the participant of experiment for need of submission to the Bank of Russia of missing documents and (or) information (further - request) method by which the statement, and also documents and information specified in Item of 1 this Instruction were provided to the Bank of Russia. Documents and (or) information shall be provided by the participant of experiment within twenty working days from the date of receipt of request by the participant of experiment.
In case of the direction the Bank of Russia of request in the afternoon of giving by the participant of experiment in the Bank of Russia of the statement, documents and (or) information specified in Item of 1 this Instruction is day of registration in the Bank of Russia (territorial office of the Bank of Russia) of required documents and (or) information according to request.
In case of non-presentation by the participant of experiment in the Bank of Russia of required documents and (or) information according to request to the participant of experiment in time specified in paragraph one of this Item, the Bank of Russia shall notify the participant of experiment on the termination of consideration of the application about exception of information about the legal entity of the register no later than ten working days from the date of the termination of the term specified in paragraph one of this Item in time. The notification goes by method by which the statement, and also documents and information specified in Item of 1 this Instruction were provided to the Bank of Russia.
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