of December 7, 2011 No. 414-FZ
About the central depositary
Accepted by the State Duma on November 17, 2011
Approved by the Federation Council on November 29, 2011
This Federal Law establishes features of legal status and activities of the central depositary, procedure for assignment to it the status of the central depositary, and also feature of control and supervision of activities of the central depositary.
The central depositary - depositary which is non-bank credit institution and which is given the status of the central depositary according to this Federal Law.
Only the joint-stock company created in accordance with the legislation of the Russian Federation can be the central depositary.
1. The Russian legal entities, being managing companies of mutual investment funds, joint-stock investment funds and non-state pension funds, professional participants of the security market, organizers of trade and the clearing organizations, and other persons if it is provided by the charter of the central depositary can be shareholders of the central depositary.
2. Shares of the central depositary cannot be delivered in trust management.
3. If the shareholder of the central depositary does not conform to requirements of this Federal Law or the charter of the central depositary, he shall sell the stocks owned by it with observance of requirements of the legislation of the Russian Federation no later than one year from date in which he learned or shall learn about such discrepancy. In case of failure to carry out of the specified requirement such shareholder judicially in the claim of the central depositary is disfranchised at general meeting of shareholders of the central depositary and the voices belonging to this shareholder are not considered in case of determination of quorum of general meeting of shareholders of the central depositary and counting of votes at general meeting of shareholders of the central depositary.
1. In the central depositary the following governing bodies shall be created:
1) board of directors (supervisory board);
2) collegiate executive body;
3) sole executive body.
1) the government or local government officers, and also employees of the Central bank of the Russian Federation (further - the Bank of Russia), except as specified, provided by the Federal Laws;
2) persons who performed functions of sole executive body or were part of collegiate executive body or performed functions of the head of internal control (controller) of managing company of mutual investment funds, joint-stock investment funds and non-state pension funds, specialized depositary of mutual investment funds, joint-stock investment funds and non-state pension funds, joint-stock investment fund, the professional participant of the security market, credit institution, insurance company, the foreign insurance company having the right according to the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation, the clearing organization, the organizer of trade at the time of violation by these organizations of licensed requirements and conditions for which at them were cancelled the licenses for implementation of the corresponding types of activity, or at the time of initiation of proceeedings about bankruptcy (are revoked) if from the moment of such cancellation (response) or from the moment of suit abatement about bankruptcy there passed less than three years;
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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