Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

It is registered

in Ministry of Justice

Russian Federation

On October 2, 2008 No. 12389

ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS

of July 17, 2008 No. 08-29/pz-n

About approval of the Regulations on procedure and conditions of opening of the transit account of depot and implementation of transactions according to the transit account of depot

According to Item 21 of article 13.2 of the Federal Law of November 29, 2001 N 156-FZ "About investment funds" (The Russian Federation Code, 2001, N 49, Art. 4562; 2004, N 27, Art. 2711; 2006, N 17, Art. 1780; 2007, N 50, 6247) I order to the Art.:

approve the enclosed Regulations on procedure and conditions of opening of the transit account of depot and implementation of transactions according to the transit account of depot.

 

Head V. D. Milovidov

Approved by the order of the Federal Service for Financial Markets of July 17, 2008 No. 08-29/pz-n

Regulations on procedure and conditions of opening of the transit account of depot and implementation of transactions according to the transit account of depot

I. General provisions

1.1. This Provision determines procedure and conditions of opening of the transit account of depot, implementation of transactions on the specified account. Other regulatory legal acts of federal executive body in the security market establishing requirements to depository activity are applied taking into account the features established by this Provision.

1.2. The specialized depositary has the right to open transit accounts for depot and to perform transactions on them after reduction of conditions of implementation of depository activity in compliance with requirements of this provision and their coordination in accordance with the established procedure.

1.3. The transit account of depot on which accounting of the rights to the securities transferred to payment of investment shares of mutual investment fund is performed opens specialized depositary of this fund.

1.4. The transit account of depot is opened by specialized depositary addressed to managing company without specifying on the fact that the managing company is effective as the trustee.

1.5. For each mutual investment fund in which payment of investment shares securities are accepted between specialized depositary and managing company the separate agreement is signed and the separate transit account of depot is opened.

1.6. All securities enlisted on the transit account of depot shall be enlisted into the sub-accounts of depot opened for persons which transferred the corresponding securities to payment of investment shares of mutual investment fund.

II. Opening of sub-account of depot

2.1. The sub-account of depot opens to person which transferred the corresponding securities to payment of investment shares of mutual investment fund based on the order of managing company, information, stipulated in Item 2.4. this provision, the provided managing company in specialized depositary, and also copies of the request for acquisition of investment shares, on condition of receipt of the specified securities to specialized depositary into the account of the nominee holder.

2.2. In case of receipt of the securities transferred to payment of investment shares of mutual investment fund on personal account (custody account) of the nominee holder opened for specialized depositary in the register of personalized securities (in other depositary) and absence at specialized depositary of the basis for opening of sub-account of depot such securities shall be enlisted into the custody account used by specialized depositary intended for accounting of securities which owner is unknown (the custody account "before examination", the custody account "securities of unidentified persons" or other similar custody account). If for the day preceding inclusion of property in structure of mutual investment fund, the securities transferred to payment of investment shares of this fund are not enlisted on the transit account of depot, the specialized depositary shall perform all necessary actions for the translation of the specified securities into the account (accounts) in the register (registers) of owners of personalized securities and (or) the account (account) of depot opened for persons which transferred securities to payment of investment shares.

2.3. In case of receipt of the securities transferred to payment of investment shares of the relevant mutual investment fund into the custody account opened to specialized depositary as to the nominee holder, others than the securities specified in the copy of the request for acquisition of investment shares, such securities shall be enlisted into the custody account used by specialized depositary intended for accounting of securities which owner is unknown (the custody account "before examination", the custody account "securities of unidentified persons" or other similar custody account) about what he is reported by managing company.

2.4. The sub-account of depot opens on condition of provision of the following information by managing company concerning person which transferred securities to payment of investment shares:

1) surname, name, middle name (full trade name) of person;

2) type, number, series, date and the place of issue of the identity document, the name of the body which issued the document (number of state registration, the name of the body which performed registration, registration date, the primary state registration number (PSRN));

3) place of residence or registration (location);

4) correspondence address (postal address);

5) account details (accounts) in the register (registers) of owners of personalized securities and (or) accounts (accounts) of depot (number of the depositary agreement, the name of depositary, number of the interdepositary agreement, the name of depositary) for return of securities in cases, stipulated by the legislation the Russian Federation about investment funds.

2.5. The specialized depositary shall direct the notification on opening of sub-account of depot and transfer on it of the securities transferred to payment of investment shares, managing company in time, established by the agreement on opening of the transit account of depot and also to person for whom the sub-account of depot is opened, - no later than the next working day after carrying out transaction.

III. Transactions according to the transit account of depot and sub-accounts of depot

3.1. In case of transfer of the securities transferred to payment of investment shares of mutual investment fund into the sub-account of depot, specialized depositary without order of managing company makes blocking of transactions on write-off and (or) encumbrance of securities on this sub-account of depot, except for implementation of transactions on write-off of securities in the cases provided by the Federal Law.

3.2. The specialized depositary brings on the sub-account of depot of change of information concerning person for whom the sub-account of depot, based on the data on change of information provided to managing company concerning person for whom the sub-account of depot, with application of a copy of the statement of this person is opened is opened.

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