ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS

of November 13, 2007 N07-107/pz-N

About approval of Administrative regulations on execution by the Federal Service for Financial Markets of the state function of control and supervision

List of amending documents

According to Item 7 of the Procedure for development and approval of administrative regulations of execution of the state function and administrative regulations of the provision of the state services approved by the order of the Government of the Russian Federation of 11.11.2005 N 679 (The Russian Federation Code, 2005, N 47, 4933) I order to the Art.:

1. Approve the enclosed Administrative regulations on execution by the Federal Service for Financial Markets of the state function of control and supervision.

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

3. I reserve control of execution of this order.

 

Approved by the order of the Federal Service for Financial Markets of November 13, 2007, No. 07-107/pz-n

Administrative regulations on execution by the Federal Service for Financial Markets of the state function of control and supervision

 

General provisions

1. The administrative regulations (further - Administrative regulations) determine terms and the sequence of actions (ministerial procedures) of the Federal Service for Financial Markets by execution by the Federal Service for Financial Markets of the state function of control and supervision (further - FFMS of Russia) and territorial authorities of FFMS of Russia (further - RO FFMS of Russia) when conducting checks (control and auditing actions) of the organizations, control and supervision of which is assigned to FFMS of Russia.

2. Are included in number of the organizations concerning which FFMS of Russia holds events for control and supervision of execution of the legislation of the Russian Federation:

1) issuers;

2) joint-stock investment funds;

3) subjects of the relations on forming and investment of means of pension accruals;

4) subjects of the relations on non-state pension provision, mandatory pension insurance and professional pension insurance;

5) the mortgage agents managing mortgage covering;

6) specialized depositaries of mortgage covering;

7) professional participants of the security market;

8) managing companies of joint-stock investment funds, mutual investment funds and non-state pension funds;

9) specialized depositaries of investment funds, mutual investment funds, non-state pension funds;

10) bureau of credit histories;

11) housing accumulative cooperatives;

12) specialized depositaries, managing companies and brokers as subjects of the relations on forming and investment of accumulatings for housing providing the military personnel;

13) self-regulatory organizations of the organizations, powers on control and supervision of which FFMS of Russia performs based on the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation (further - self-regulatory organizations) (further - the organizations).

3. The central office of FFMS of Russia has the right to perform any above-stated organizations.

RO FFMS of Russia (the RO FFMS of Russia list is given in the appendix N 1 to Administrative regulations) perform the organizations, their separate divisions, and also separate divisions of other organizations performing activities in the territories subordinated to them.

RO FFMS of Russia only in case of receipt of written approvals (orders) from FFMS of Russia perform activities of the following organizations:

- the professional participants of the security market performing activities for the organization of trade in the security market (including as stock exchange), on maintaining the register of owners of securities, clearing activities, depository activity as settlement depositary;

- professional participants of the security market, information on whose financial condition promptly shall go to FFMS of Russia (the list is established by the order of FFMS of Russia);

- specialized depositaries of joint-stock investment funds, mutual investment funds and non-state pension funds, specialized depositaries of mortgage covering;

- joint-stock investment funds, non-state pension funds;

- managing companies of joint-stock investment funds, mutual investment funds and non-state pension funds;

- issuers of the issued securities which are credit institutions;

- bureau of credit histories;

- issuers whose registration of issues of securities is performed by FFMS of Russia (the list is established by the order of FFMS of Russia).

4. Subject of control and supervision of organization activity concerning which FFMS of Russia (RO FFMS of Russia) holds the relevant activities is:

- observance by the organizations of licensed requirements and conditions when implementing the related activity;

- compliance with law of the Russian Federation about securities, about joint-stock companies, about protection of the rights and legitimate interests of investors in the security market, about investment funds, about credit stories, about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, about activities of housing accumulative cooperatives, about activities for provision of pensions and pension insurance, about commodity exchanges, about mortgage securities and about housing providing the military personnel;

- observance of the requirements to disclosure of information on organization activity established by the Federal Laws and other regulatory legal acts of the Russian Federation;

- observance of the requirements to provision of the reporting of the organizations established by the Federal Laws and other regulatory legal acts of the Russian Federation;

- observance of the requirements and conditions containing in the regulatory legal acts of the Russian Federation regulating activities for management of investment reserves of joint-stock investment funds, mutual investment funds, pension reserves of non-state pension funds, to trust management of means of pension accruals, trust management of accumulatings for housing providing the military personnel and to trust management of mortgage covering;

- observance of the requirements and conditions containing in regulatory legal acts of the Russian Federation, including in regulatory legal acts of federal executive bodies, regulating implementation of the corresponding types of activity by the organizations;

- observance by subjects of the relations on non-state pension provision, mandatory pension insurance and professional pension insurance of requirements for forming and investment of funds of pension reserves, forming and investment of means of pension accruals according to the Federal Law "About Non-state Pension Funds" and other regulatory legal acts of the Russian Federation;

- activities of non-state pension funds for accounting of pension liabilities of non-state pension funds, appointment and payments of non-state pensions to members of fund, accounting of means of pension accruals of insured persons, and also to destination and to payments of funded portion of work pension to insured persons;

- compliance of own means of the organizations and other financial performance to the standard rates of sufficiency of own means and other indicators established by the legislation of the Russian Federation, including regulatory legal acts of federal executive body on the security market;

- compliance of employees of the organization to the qualification requirements established by the legislation of the Russian Federation, including regulatory legal acts of federal executive body on the security market;

- compliance of the employees of the organization responsible for observance of rules of internal control and programs of its implementation for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to the terrorism financing, qualification requirements established by the legislation of the Russian Federation.

5. Execution of the state function on holding supervising actions concerning the organizations specified in Item 2 of Administrative regulations is performed according to the following regulatory legal acts:

1) Russian Federation Code of Administrative Offences * (1);

2) the Federal Law of 22.04.1996 N 39-FZ "About the security market" * (3):

3) the Federal Law of 05.03.1999 N 46-FZ "About protection of the rights and legitimate interests of investors in the security market" * (4);

4) the Federal Law of 30.12.2004 N 215-FZ "About housing accumulative cooperatives" * (5);

5) the Federal Law of 30.12.2004 N 218-FZ "About credit stories" * (6);

6) the Federal Law of 26.12.1995 N 208-FZ "About joint-stock companies" * (7);

7) the Federal Law of 29.11.2001 N 156-FZ "About investment funds" * (8);

8) The Federal Law of 07.05.1998 N 75-FZ "About non-state pension funds" * (9);

9) the Federal Law of 24.07.2002 N 111-FZ "About investment of means for financing of funded portion of work pension in the Russian Federation" * (10);

10) the Federal Law of 20.08.2004 N 117-FZ "About accumulative and mortgage system of housing providing the military personnel" * (11);

11) the Federal Law of 11.11.2003 N 152-FZ "About mortgage securities" * (12);

12) the Federal Law of 20.02.1992 N 2383-I "About commodity exchanges and exchange trade" * (13);

13) the Order of the Government of the Russian Federation of 08.11.2005 N 666 "About the authorized federal executive bodies performing functions on normative legal regulation and the state control (supervision) in the field of the relations on forming, investment and use of accumulatings for housing providing the military personnel - participants of accumulative and mortgage system" * (14);

14) the Order of the Government of the Russian Federation of 04.11.2003 N 669 "About the authorized body of the executive authority performing state regulation of activities of non-state pension funds for non-state pension provision, mandatory pension insurance and professional pension insurance, supervision and control of the specified activities" * (15);

15) the Order of the Government of the Russian Federation of 10.08.2005 N 501 "About the federal executive body authorized on implementation of functions on control and supervision of activities of bureau of credit histories" * (16);

16) the Order of the Government of the Russian Federation of 02.04.2003 N 190 "About authorized federal body of the government on regulation, control and supervision in the field of forming and investment of means of pension accruals" * (17);

17) the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 30.06.2004 N 317 * (19).

Execution of the state function on holding supervising actions is performed according to Regulations on conducting checks of the organizations, control and supervision of which is assigned to the Federal Service for Financial Markets, the approved order of FFMS of Russia from 13.11.2007 of N07-108/pz-N.

6. According to Item 1 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 N 317, of FFMS of Russia is the federal executive body performing functions on control and supervision in the field of the financial markets (except for insurance, banking and auditor activity).

Execution of the state function is performed by FFMS of Russia, the government civil servants of Management of the organization and holding supervising actions in the security market (supervision daleeupravleniye), other structural divisions of FFMS of Russia according to these Regulations, RO FFMS of Russia in the territories subordinated to them.

7. Bases of checks.

7.1. The basis of conducting scheduled exit inspection are the unified plan of exit checks created on the respective quarter and approved by the order of FFMS of Russia and the relevant order of FFMS of Russia (RO FFMS of Russia) on conducting exit planned inspection of activities of the specific organization.

7.2. The basis of conducting unscheduled exit inspection is the order of FFMS of Russia (RO FFMS of Russia) on carrying out exit unscheduled inspection of activities of the specific organization which can be issued in the following cases:

- for the purpose of check of execution by the organization of instructions of FFMS of Russia (RO FFMS of Russia) about elimination of the revealed violations of the law of the Russian Federation and / or taking measures directed to non-admission of committed violations in further organization activity;

- for the purpose of check of execution by the organization of requirements of the legislation of the Russian Federation 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;

- 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.

7.3. Joint exit check is scheduled or unscheduled exit inspection of organization activity by group of inspectors which structure includes in coordination with other federal executive bodies and their territorial authorities the workers authorized by them.

FFMS of Russia (RO FFMS of Russia) can carry out exit inspections jointly with Audit Chamber of the Russian Federation and the following federal executive bodies (their territorial authorities):

- Ministry of Internal Affairs of the Russian Federation;

- Ministry of Defence of the Russian Federation;

- Ministry of Regional Development of the Russian Federation;

- Ministry of Health and Social Development of the Russian Federation;

- Federal Security Service;

- Federal Service for Financial Monitoring;

- Federal Tax Service;

- Federal Antimonopoly Service.

The basis for carrying out joint exit scheduled or unscheduled inspection is the order of FFMS of Russia (RO FFMS of Russia).

The order of FFMS of Russia (RO FFMS of Russia) on carrying out joint exit scheduled or unscheduled inspection is issued if reasons to believe are had that in the course of conducting check of organization activity violations of requirements of the Federal Laws, other regulatory legal acts of the Russian Federation, control and supervision for which observance is not included into competence of FFMS of Russia, can be revealed.

The procedure for inclusion in structure of group of inspectors of authorized workers of federal executive bodies is established by the agreement on interaction with federal executive body. If such agreement is not signed between FFMS of Russia and any of federal executive bodies, authorized workers of such federal executive body are included groups of inspectors under approval between FFMS of Russia and this authority just before conducting check. Approval is performed according to Item 15.3 of Administrative regulations.

Joint exit inspection is carried out according to Item 19 of Administrative regulations.

7.4. Cameral check of the organization and/or the data stated in the statement which arrived in FFMS of Russia (RO FFMS of Russia), the address or the claim is check without departure in the location and/or conducting organization activity which is carried out in the location of FFMS of Russia (RO FFMS of Russia) by consideration of the documents and data which are available for FFMS of Russia (RO FFMS of Russia), documents and data arriving from the checked organization, requested and received at this organization from public authorities, other organizations (persons) in accordance with the legislation of the Russian Federation.

The basis for conducting cameral check is the order of the head of FFMS of Russia (RO FFMS of Russia) or the deputy manager of FFMS of Russia according to distribution of obligations.

7.5. The basis of carrying out observation is the order of FFMS of Russia (RO FFMS of Russia) which can be issued in the following cases:

- 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;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info