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Ministry of Justice

Russian Federation

On July 1, 2008 No. 11919

ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS

of June 3, 2008 No. 08-23/pz-n

About approval of Requirements to rules of the organization and implementation of internal control in non-state pension fund

According to Item 11 of article 7 of the Federal Law of May 7, 1998 N 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, N 19, Art. 2071; 2001, N 7, Art. 623; 2002, N 12, Art. 1093; 2003, N 2, Art. 166; 2004, N 49, Art. 4854; 2005, N 19, Art. 1755; 2007, N 50, the Art. 6247), the subitem 1 of Item 3 of the order of the Government of the Russian Federation of November 4, 2003 N 669 "About the authorized federal executive body 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" (The Russian Federation Code, 2003, N 45, Art. 4388; 2006, N 2, Art. 226; 2007, N 12, the Art. 1414), the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of June 30, 2004 N 317 (The Russian Federation Code, 2004, N 27, Art. 2780; 2005, N 33, Art. 3429; 2006, N 13, Art. 1400; 2006, N 52, Art. 5587; 2007, N 12, Art. 1417; 2008, N 19, to the Art. 2192), I order:

approve the enclosed Requirements to rules of the organization and implementation of internal control in non-state pension fund.

 

Head

V.D.Milovidov

Approved by the Order of the Federal Service for Financial Markets of June 3, 2008 No. 08-23/pz-n

Requirements to Rules of the organization and implementation of internal control in non-state pension fund

1. The non-state pension fund (further - fund) shall organize internal control behind compliance of the activities for non-state pension provision, pension insurance and professional pension insurance to requirements of the Federal Laws and other regulatory legal acts of the Russian Federation regulating the specified types of activity (further - internal control).

For the purposes of these Requirements internal control is understood as the activities for ensuring compliance by fund with requirements of the Federal Laws and other regulatory legal acts of the Russian Federation performed by the controller or the head and the staff of service of internal control.

2. The organization of internal control in fund is determined by Rules of the organization and implementation of internal control (daleepravil of internal control).

Rules of internal control are developed by fund according to these Requirements taking into account organizational structure of fund and types of activity performed by it.

Rules of internal control, and also change and amendment to them affirm council of fund and are registered according to the procedure, established by the Federal Service for Financial Markets.

3. The fund under the organization and implementation of internal control shall be guided by the following principles:

compliance of the organization and implementation of internal control to requirements of the Federal Laws and other regulatory legal acts of the Russian Federation, and also rules of internal control of fund;

continuity of process of implementation of internal control;

independence, impartiality and objectivity of the controller or head of internal control and staff of service of internal control;

competence and professional level of the controller or head of internal control and staff of service of internal control;

free and effective implementation of internal control.

4. Rules of internal control of fund shall contain:

a) regulations on the purposes of the organization and implementation of internal control in fund;

b) procedure for the organization of internal control in fund;

c) the list of requirements imposed to the controller or the head and the staff of service of internal control;

d) procedure for appointment as council of fund to position and dismissal of the controller or the head and the staff of service of internal control;

e) list of functions of the controller or head and staff of service of internal control;

e) structure of the events held when implementing internal control;

g) procedure for planning of actions for implementation of internal control;

h) methods (methods) of implementation of checks;

i) procedure for the organization and implementation of internal control in separate divisions of fund (for the funds having separate divisions);

j) list of the rights and obligations of the controller or head and staff of service of internal control, and also governing bodies of fund, heads of structural divisions and staff of fund;

k) order of interaction of the controller or head of internal control with governing bodies of fund and structural divisions of fund;

l) procedure and terms of elimination of the violations revealed when implementing internal control;

m) procedure for participation of the controller or head of internal control in preparation of internal documents of fund;

o) procedure for participation of the controller or head and the staff of service of internal control in consideration of claims, statements, addresses of investors, participants, insured persons and their legal successors;

o) procedure and terms of provision to the head of executive body and council of fund of reports of the controller or head of internal control;

p) procedure for acquaintance of staff of fund with Rules of internal control and the changes made to them and additions.

The description in rules of internal control of provisions of subitems "a"-"z", "to", "about" and "p" of this Item shall meet standards of Items 5-12, 13, of 14 and 15 these Requirements respectively.

5. Regulations on the purposes of the organization and implementation of internal control in fund.

The purpose of the organization and implementation of internal control in fund is observance by fund of requirements of the Federal Laws and other regulatory legal acts of the Russian Federation regulating activities of fund for non-state pension provision, pension insurance and professional pension insurance including:

non-admission by fund of violation of the rights and legitimate interests of investors, participants, insured persons of fund and their legal successors;

observance of the requirements to submission of the reporting of fund established by the Federal Laws and other regulatory legal acts of the Russian Federation;

observance of the requirements to disclosure, distribution and provision of information on activities of fund established by the Federal Laws and other regulatory legal acts of the Russian Federation;

non-admission of emergence of conflict of interest;

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