FEDERAL LAW OF THE RUSSIAN FEDERATION

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

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

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.

Article 2. 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.

Chapter 2. Requirements to the central depositary

Article 3. Form of business of the central depositary

Only the joint-stock company created in accordance with the legislation of the Russian Federation can be the central depositary.

Article 4. Shareholders of 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.

Article 5. Governing bodies of the central depositary. Committee of users of services 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.

2. Only persons having the higher education can be part of governing bodies of the central depositary.

3. Cannot be part of governing bodies of the central depositary:

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;

2. 1) persons who performed functions of the head of the branch of foreign insurance company created by foreign insurance company for implementation of insurance activity in the territory of the Russian Federation according to the insurance legislation, the head of internal control (controller) of such branch at the time of violation by such branch of licensed requirements and conditions for which the license for implementation of insurance activity was revoked from foreign insurance company if from the moment of such response there passed less than three years;

3) persons concerning whom the term during which they are considered subjected to administrative punishment in the form of disqualification did not expire;

4) persons having criminal record for crimes in the sphere of economic activity or crime against the government;

5) persons at whom the competence certificate was cancelled if from the date of such cancellation there passed less than three years.

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