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

of March 18, 2008 No. 08-12/pz-n

About approval of the Regulations on procedure for recognition of persons by skilled investors

According to Items 3 and 4 of Article 42 and Items 3 - 5, the 7 and 12 article 51.2 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 1998, No. 48, Art. 5857; 1999, No. 28, Art. 3472; 2001, No. 33, Art. 3424; 2002, No. 52, Art. 5141; 2004, No. 27, Art. 2711; No. 31, Art. 3225; 2005, No. 11, Art. 900; No. 25, Art. 2426; 2006, No. 1, Art. 5; No. 2, Art. 172; No. 17, Art. 1780; No. 31, Art. 3437; No. 43, Art. 4412; 2007, No. 1, Art. 45; No. 18, Art. 2117; No. 22, Art. 2563; No. 41, Art. 4845; No. 50, the Art. 6247, 6249) and the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of June 30, 2004 No. 317 (The Russian Federation Code, 2004, No. 27, Art. 2780; 2005, No. 33, Art. 3429; 2006, No. 13, Art. 1400, No. 52, Art. 5587; 2007, to No. 12, of the Art. 1417), I order:

1. Approve the enclosed Regulations on procedure for recognition of persons as skilled investors (further - the Provision).

2. This Order becomes effective in accordance with the established procedure, except for Provision Item 4.6.

3. Item 4.6 of the Provision becomes effective since January 1, 2009.

Before entry into force of Item 4.6 of the Provision person performing recognition of persons by skilled investors shall quarterly no later than 5 working days from the date of the termination of reporting quarter represent to the Federal Service for Financial Markets of the information about skilled investors in form according to Appendix No. 1 to the Provision on the paper and magnetic carrier.

Approved by the Order of the Federal Service for Financial Markets of the Russian Federation of March 18, 2008 No. 08-12/pz-n

Regulations on procedure for recognition of persons by skilled investors

I. General provisions

1.1. This Provision establishes according to the Federal Law "About the Security Market" procedure for recognition of legal entities and physical persons (further together - person) skilled investors, requirements to which there shall correspond persons for recognition by their skilled investors, and procedure for maintaining the register of persons recognized as skilled investors.

1.2. The physical person or legal entity meeting the requirements established by this Provision can be acknowledged skilled investor according to its statement according to the procedure, established by this Provision. At the same time person can be acknowledged skilled investor concerning one or several types of securities and (or) other financial instruments, one or several types of service intended for skilled investors.

1.3. Recognition of person by the skilled investor can be performed by the broker, the managing director, managing company of mutual investment fund or other persons in the cases provided by the Federal Laws (further - person performing recognition by the skilled investor).

Person performing recognition by the skilled investor shall develop and approve taking into account requirements of this provision the document containing procedure for decision making about recognition of person by the skilled investor (further - regulations), including:

requirements for recognition of persons by skilled investors;

the list of the documents submitted by physical person and legal entity;

procedure for test of compliance of physical person or legal entity to requirements to which there shall correspond such person for recognition by his skilled investor;

the procedure of confirmation to the requirements necessary for recognition of person by the skilled investor qualified by the investor of compliance if such confirmation is provided by the Federal Law;

decision making term about recognition or about refusal in recognition of person by the skilled investor, and also the notification procedure of the specified person about the made decision;

procedure for maintaining the register of persons recognized as skilled investors (further - the register).

II. Requirements to which there shall correspond physical persons and legal entities for recognition by their skilled investors

2.1. The physical person can be acknowledged skilled investor if it meets any two requirements from specified:

1) owns, meeting the requirements of Item 2.4 of this provision, securities and (or) other financial instruments which total cost calculated according to the procedure stipulated in Item 2.5 this provision, constitutes at least 3 million rubles. In case of determination of total cost of the specified securities and (or) other financial instruments also corresponding financial instruments delivered by physical person in trust management are considered;

The work experience in the Russian and (or) foreign organization which performed security transactions and (or) other financial instruments has 2):

at least 1 year if such organization (organizations) is skilled investor owing to Item 2 of article 51.2 of the Federal law "About the Security Market" or

at least 3 months if such organization (organizations) is skilled investor owing to Item 2 of article 51.2 of the Federal law "About the Security Market" and for date of recognition of person by the skilled investor this person is the employee of the specified organization or

at least 2 years in other cases;

3) was made quarterly by at least on 10 security transactions and (or) other financial instruments within the last 4 quarters which cumulative price for the specified 4 quarters constituted at least 300 thousand rubles or made at least 5 security transactions and (or) other financial instruments within the last 3 years which cumulative price constituted at least 3 million rubles.

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