ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS OF THE RUSSIAN FEDERATION

of November 13, 2007 N07-108/pz-N

About approval of the Regulations on conducting checks of the organizations, control and supervision of which is assigned to the Federal Service for Financial Markets,

According to Item 6 of article 44 of the Federal Law of 22.04.1996 N39-FZ "About the Security Market" (Russian Federation Code, 1996, N 17, Art. 1918; 1998, N 48, Art. 5857; 1999, N 28, Art. 3472; 2001, N 33, Art. 3424; 2002, N 52, Art. 5141; 2004, N 27, Art. 2711; N 31, of Art. 3225; 2005, N 11, Art. 900; N 25, of Art. 2426; 2006, N 1, Art. 5; N 2, of Art. 172; N 17, of Art. 1780; N 31, of Art. 3437; N 43, of Art. 4412; 2007, N 1, the Art. 45, N 22, the Art. 2563, N 18, the Art. 2117) and Item 5.3.6 of the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 30.06.2004 of N317 (The Russian Federation Code, 2004, N 27, Art. 2780; 2005, N 33, Art. 3429; 2006, N 13, Art. 1406, N 52, Art. 5587; 2007, N 12, 1417) I order to the Art.:

1. Approve the enclosed Regulations on conducting checks of the organizations, control and supervision of which is assigned to the Federal Service for Financial Markets.

2. Declare invalid the order of FFMS of Russia from 13.09.2007 of N07-94/pz-N "About approval of the Procedure for conducting checks of the organizations, control and supervision of which is assigned to the Federal Service for Financial Markets" (it is registered by the Ministry of Justice of the Russian Federation 10.10. 2007, registration N 10300) from the effective date this order.

3. This order becomes effective since March 1, 2008.

4. I reserve control of execution of this order.

Approved by the order of the Federal Service for Financial Markets of November 13, 2007 No. 07-108/pz-n

Regulations on conducting checks of the organizations, control and supervision of which are assigned to the Federal Service for Financial Markets

1. General provisions

1.1. This Provision establishes requirements to conducting checks of issuers, joint-stock investment funds, subjects of the relations on forming and investment of means of pension accruals, subjects of the relations on non-state pension provision, mandatory pension insurance and professional pension insurance, the mortgage agents managing mortgage covering and specialized depositaries of mortgage covering, professional participants of the security market, managing companies of joint-stock investment funds, mutual investment funds and non-state pension funds, specialized depositaries of investment funds, mutual investment funds, non-state pension funds and other licensed by the Federal Service for Financial Markets (further - FFMS of Russia) the organizations, bureau of credit histories and housing accumulative cooperatives, their self-regulatory organizations (further - the organizations), control and supervision of which is assigned to FFMS of Russia, and also determines the rights and obligations of inspectors of FFMS of Russia, territorial authorities of FFMS of Russia (further - RO FFMS of Russia), authorized workers of federal executive bodies, authorized employees of self-regulatory organizations and the checked organizations when conducting checks.

1.2. The procedure for conducting checks is established by Administrative regulations on the execution by the Federal Service for Financial Markets of the state function of control and supervision approved by the order of FFMS of Russia from 13.11.2007 of N07-107/pz-N (registration N 10706) is registered by the Ministry of Justice of the Russian Federation 14.12.2007.

The organizations are performed by employees of FFMS of Russia and RO FFMS of Russia independently, and also together with authorized workers of federal executive bodies (further - inspectors).

To conducting scheduled exit inspections of the organizations which are members of self-regulatory organizations of professional participants of the security market or self-regulatory organizations of managing companies (further - self-regulatory organizations), authorized employees of the relevant self-regulatory organizations are attracted.

1.3. FFMS of Russia (RO FFMS of Russia) carries out exit and cameral inspections. Exit checks can be planned and unplanned, and also joint.

1.3.1. Scheduled exit inspection is understood as the organization activity inspection which is carried out by group of inspectors in the location and/or conducting organization activity, included in the plan of exit checks of FFMS of Russia.

1.3.2. The exit check of the organization which is not included in the plan of exit checks of FFMS of Russia is unplanned.

Unscheduled exit inspection is carried out by group of inspectors in the location and/or conducting organization activity and is appointed for the purpose of check of execution of instructions about elimination of the revealed violations, execution of the requirement of the legislation on protection of the rights and legitimate interests of investors in the security market, in case of receipt of information from public authorities on availability in organization activities of violations of the Federal Laws, other regulatory legal acts of the Russian Federation, control and supervision for which observance enters competence of FFMS of Russia, and in case of obtaining from physical persons and/or legal entities of information supported by the documents testimonial of availability of signs of violations of the rights and legitimate interests of citizens, legal entities and individual entrepreneurs and/or signs of violations of the Federal Laws, other regulatory legal acts of the Russian Federation.

Unscheduled exit inspection of the issuer in the form of observation at general shareholder meeting (further - observation) is made at the venue of general shareholder meeting and is appointed for check of execution by the issuer of requirements of the legislation on joint-stock companies by preparation, convocation and holding general shareholder meeting, the legislation on protection of the rights and legitimate interests of investors in the security market or in case of receipt in FFMS of Russia (RO FFMS of Russia) of claims, addresses, statements or other information containing data on possible violation of the law of the Russian Federation and/or the rights and legitimate interests of investors in the security market by preparation and holding general meeting of shareholders of the issuer.

1.3.3. Joint exit check provides inclusion in structure of group of inspectors in coordination with federal executive bodies of the workers authorized by them.

1.3.4. Cameral inspection is carried out by the inspector (inspectors) in the location of FFMS of Russia (RO FFMS of Russia) by means of studying available and provided by the organization and other persons or state bodies of documents and data.

Cameral check can be appointed in case of receipt of data on possible violations of the Federal Laws, other regulatory legal acts of the Russian Federation, control and supervision for which observance is included into competence of FFMS of Russia (RO FFMS of Russia).

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