of October 2, 1997 No. 27
About approval of the Regulations on maintaining the register of owners of personalized securities
According to article 42 of the Federal Law of April 22, 1996 N 39-FZ "About the security market" the Federal Commission for the Securities Market decides:
1. Approve Regulations on maintaining the register of owners of personalized securities.
2. Determine that requirements of the Regulations on maintaining the register of owners of personalized securities are obligatory for registrars - the professional participants of the security market and issuers performing maintaining the register of owners of personalized securities independently.
3. Person performing activities for maintaining the register of owners of personalized securities shall show upon the demand of the maintaining the register of person, the Federal Commission for the Securities Market, self-regulatory organization of professional participants of the security market registered in system and other interested persons the developed according to the specified Regulations on maintaining the register of owners of personalized securities of the rule of maintaining the register of owners of personalized securities, including complete list of the documents and data necessary in case of registration of the rights of owners of personalized securities in the register. Information on modification or amendments in rules of maintaining the register of owners of personalized securities shall be opened to persons and the organizations stated above not later than 30 days before date of their introduction in force according to the Regulations on system of disclosure of information approved by the resolution of the Federal Commission for the Securities Market of January 9, 1997 N 2.
4. Declare invalid the Provisional regulations for maintaining the register of owners of personalized securities approved by the resolution of the Federal commission on securities and the stock market under the Government of the Russian Federation of July 12, 1995 N 3.
5. To the registrars and issuers performing maintaining the register of owners of personalized securities to bring system of maintaining the register of owners of personalized securities, and also the internal regulating documentation into compliance with requirements of the specified Regulations on maintaining the register of owners of personalized securities till January 1, 1998.
Chairman
D. V. Vasilyev
Approved by the Resolution of the Federal Commission for the Securities Market of October 2, 1997 No. 27
The regulations on maintaining the register of owners of personalized securities (further - the Provision) establish procedure for maintaining and requirements imposed to system of maintaining the register of owners of personalized securities obligatory for execution by registrars and issuers.
Activities for maintaining the register of owners of personalized securities can be performed only by legal entities.
The legal entity performing activities for maintaining the register of owners of personalized securities, having no right to make security transactions of issuers which maintaining registers it performs.
The issuer, including credit institution, independently leading register, or the registrar rendering services in maintaining the register of owners of personalized securities can be the holder of the register.
Implementation of activities for maintaining the register does not allow its combination with other types of professional activity in the security market. The legal entity performing maintaining the register of owners of the personalized securities having the right to perform maintaining registers of owners of investment shares of mutual investment funds.
Requirements of this provision do not extend to rules of maintaining the register of owners of investment shares of mutual investment funds which are established by other acts of the Federal Commission for the Securities Market.
The issuer shall charge maintaining the register on all the personalized issued securities to one registrar.
The issuer who signed the contract with the registrar is not exempted from liability for maintaining system of maintaining the register.
Requirements of this provision are obligatory for the issuer performing in accordance with the legislation of the Russian Federation maintaining the register independently.
For the purposes of this provision the following terms and determinations are used.
The federal commission - the Federal Commission for the Securities Market.
Security - personalized issued security.
The register - data set, fixed on paper and (or) with use of the electronic database which provides identification of registered persons, the certificate of the rights to the securities considered on personal accounts of registered persons and also allows to receive and send information to registered persons.
The registered person - physical person or legal entity, information on which is entered in the register.
Types of registered persons:
the owner - person to whom securities belong on the property right or other corporeal right;
the nominee holder - the professional participant of the security market who is security holder on its own behalf, but for the benefit of other person, without being the owner of these securities;
the trustee - the legal entity or the individual entrepreneur (the professional participant of the security market) exercising trust management of the securities transferred to it to ownership for certain term and belonging to other person for the benefit of this person or the third parties specified by this person;
the pawnbroker - the creditor according to the obligation provided with pledge addressed to which pledge of securities is drawn up.
The registrar - the professional participant of the security market who is performing activities for maintaining the register of owners of personalized securities as exclusive based on the contract with the issuer and having the license for implementation of this type of activity or the issuer performing independently maintaining the register of owners of personalized securities in accordance with the legislation of the Russian Federation.
Transfer agent - the legal entity performing under the contract with the registrar functions on acceptance from registered persons or their authorized representatives and transfer to the registrar of information and the documents necessary for execution of transactions in the register, and also function on acceptance from the registrar and transfer to registered persons or their authorized representatives of information and the documents received from the registrar.
Authorized representative:
officials of the legal entity who according to constituent documents have the right to act on behalf of this legal entity without power of attorney;
persons authorized by the registered person to make actions with securities from his name based on the power of attorney;
legal representatives of the registered person (parents, adoptive parents, guardians, custodians);
officials of authorized state bodies (staff of judicial, law enforcement agencies, the State Tax Administration, and also other authorized state bodies) who have in accordance with the legislation of the Russian Federation the right to demand from the registrar of execution of certain transactions in the register.
Transaction - set of actions of the registrar of which change of information containing on personal account and (or) preparation and provision of information from the register is result.
The register - set of the records performed in chronological procedure about transactions of the registrar (except for the transactions provided subitems 7.4.4by - 7.4.6 Item 7.4 and Items 7. 8, 7.9 this provision).
The order - the document provided to the registrar and containing the requirement about entering of record into the register and (or) provision of information from the register.
Personal account - data set in the register about the registered person, type, quantity, category (type), the state registration number of release, nominal value of securities, certificate numbers and the number of the securities certified by them (in case of documentary form of release), encumbrance of securities by obligations and (or) blocking of transactions, and also transactions on its personal account (except for the transactions provided subitems 7.4.4by - 7.4.6 Item 7.4 and Items 7. 8, 7.9 this provision).
Types of personal accounts:
the issued account of the issuer - the account opened for the issuer for transfer on it of securities which release is registered in accordance with the established procedure, and their subsequent write-off in case of placement or cancellation (repayment) of securities;
personal account of the issuer - the account opened for the issuer for transfer on it of the securities redeemed (acquired) by the issuer in the cases provided by the Federal Law of December 26, 1995 N 208-FZ "About joint-stock companies";
personal account of the registered person - the account opened for the owner, the nominee holder, the pawnbroker or the trustee.
Signature guarantee - the guarantee of authenticity of the signature of person on the transfer order issued to the registrar by the professional participant of the security market who shall pay to the registrar the damages caused as a result of the fact of counterfeit of the signature or signing of the transfer order by unauthorized person recognized as the parties or determined by court.
The register shall contain the data sufficient for identification of registered persons.
The register shall contain information:
about the issuer;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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