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

of July 7, 2009 No. 09-25/pz-n

About features of accounting in the register of owners of personalized securities of shares of the joint-stock companies belonging on the property right of the Russian Federation

According to Item 1 of Article 39 and Item 3 of article 41 of the Federal Law of 21.12.2001 No. 178-FZ "About privatization of the state-owned and municipal property" (The Russian Federation Code, 2002, No. 4, Art. 251; 2007, No. 49, the Art. 6079), article 45 of the Federal Law of 26.12.1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; 2006, No. 2, the Art. 172), Item 5 of article 42 of the Federal Law of 22.04.1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2002, No. 52, the Art. 5141) and the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 30.06.2004 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, No. 12, Art. 1417; 2008, No. 19, Art. 2192; No. 46, Art. 5337; 2009, No. 3, Art. 378; to No. 6, of the Art. 738), I order:

1. Determine that requirements of the legislation of the Russian Federation and regulatory legal acts about the security market taking into account the features specified in this order are applied to accounting treatment in the register of owners of personalized securities of shares of the joint-stock companies belonging on the property right of the Russian Federation.

2. In cases when shareholder rights according to the shares belonging on the property right of the Russian Federation are in accordance with the legislation of the Russian Federation performed by the Government of the Russian Federation and (or) authorized federal executive body, specialized public institution or specialized public institutions or the state corporation (further - authorized organization), in the register of owners of the personalized securities of joint-stock company (daleereestr shareholders) the shareholder belonging on the property right of the Russian Federation the Russian Federation on behalf of authorized organization is specified.

3. If authorized organization is the Government of the Russian Federation or federal executive bodies, the basis for opening by the joint-stock company which is independently keeping the shareholder register or the registrar rendering services in maintaining the shareholder register based on the contract with the issuer (further - the holder of the register) in the shareholder register of personal account of the Russian Federation of authorized organization is the questionnaire of the registered person specifying authorized organization as the shareholder of the Russian Federation.

If authorized organization is the specialized public institution, specialized public institutions or the state corporation, the basis for opening in the shareholder register of personal account of the Russian Federation of such authorized organization by the holder of the register, the following documents certified properly, or texts of documents with indication of details of documents are in case the specified documents were brought to the attention the unrestricted group of people from the moment of their official publication:

- the questionnaire of the registered person specifying authorized organization as the shareholder of the Russian Federation;

- the document confirming position assignment of the head of authorized organization;

- the document confirming the right of persons to act on behalf of authorized organization without power of attorney or the power of attorney on persons, representatives to make legally significant actions on behalf of authorized organization;

- certificate on state registration of authorized organization (in the presence);

- the certificate on entering of record into the Unified State Register of Legal Entities on the authorized organization registered till July 1, 2002 (in the presence);

- constituent documents (the documents determining the status) of authorized organization in accordance with the legislation of the Russian Federation;

- card with samples of impress of a seal of authorized organization and signatures of persons having the right to act on behalf of authorized organization without power of attorney and undersigned for the questionnaire of the registered person.

4. In case of change of information on authorized organization, and also in case of transfer according to the procedure, established by the legislation of the Russian Federation, shareholder rights according to the shares belonging on the property right of the Russian Federation from authorized organization to other authorized organization the holder of the register enters in the shareholder register changes in information of personal account on the registered person of the Russian Federation concerning the name and (or) other data of authorized organization.

For entering into the shareholder register of changes into information of personal account on the registered person the authorized organization sends to the holder of the register again completed questionnaire of the registered person, and also copies of the documents confirming the fact of such change, certified properly, or texts of documents with indication of details of documents in case the specified documents were brought to the attention the unrestricted group of people from the moment of their official publication.

In case of transfer according to the procedure, established by the legislation of the Russian Federation, shareholder rights according to the shares belonging on the property right of the Russian Federation from authorized organization to other authorized organization, the authorized organization which transfers shareholder rights according to the shares belonging on the property right of the Russian Federation sends to the holder of the register documents, stipulated in Item third this order, and the document or its copy confirming transfer of shareholder rights to it according to the shares belonging on the property right of the Russian Federation.

5. Carrying out in the shareholder register of transactions on personal account of the Russian Federation, and also provision of information from the shareholder register is performed by the holder of the register based on the orders signed by person having the right to act on behalf of authorized organization without power of attorney or acting on behalf of the authorized organization by proxy confirming its powers, and under seal to authorized organization.

As the registered person at orders the Russian Federation on behalf of authorized organization is specified carrying out transactions, and also provision of information from the shareholder register.

Statements from the register from personal account of the Russian Federation and other information from the shareholder register which right is established by regulatory legal acts of the Russian Federation go the holder of the register to authorized organization, specified in the questionnaire of the registered person.

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