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The document ceased to be valid since September 20, 2015 according to Item 3.2 of the Instruction of the Central bank of the Russian Federation of August 10, 2015 No. 167-I

It is registered

Ministry of Justice

Russian Federation

On January 31, 2012 No. 23062

ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS AND BANK OF RUSSIA

of October 27, 2011 No. 11-55/pz-n/374-P

About approval of the Regulations on procedure for carrying out by the Federal Service for Financial Markets together with the Central bank of the Russian Federation of checks of observance of requirements of the legislation on counteraction to unauthorized use of insider information and to market manipulation

According to Item 1 of part 1 of article 14 of the Federal Law of 27.07.2010 N 224-FZ "About counteraction to unauthorized use of insider information and to market manipulation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2010, N 31, Art. 4193; 2011, N 29, 4291) we order to the Art.:

approve the enclosed Regulations on procedure for carrying out by the Federal Service for Financial Markets together with the Central bank of the Russian Federation of checks of observance of requirements of the legislation on counteraction to unauthorized use of insider information and to market manipulation.

 

Head of the Federal Service for Financial Markets

D. V. Pankin

Chairman of the Central bank of the Russian Federation

S. M. Ignatyev

Approved by the Order of the Federal Service for Financial Markets and Bank of Russia of October 27, 2011 No. 11-55/pz-n/374-P

Regulations on procedure for carrying out by the Federal Service for Financial Markets together with the Central bank of the Russian Federation of checks of observance of requirements of the legislation on counteraction to unauthorized use of insider information and to market manipulation

1. This Provision establishes procedure for carrying out FFMS of Russia together with the Bank of Russia of checks of observance by the bodies and the organizations specified in Item 9 of article 4 of the Federal Law of 27.07.2010 N 224-FZ "About counteraction to unauthorized use of insider information and to market manipulation and about modification of separate legal acts of the Russian Federation" (further - the Law on insider information) (except for the Bank of Russia), legal entities (further - persons under surveillance of the organization), physical persons, including individual entrepreneurs (further - persons under surveillance of person), requirements of the Law on insider information and regulatory legal acts adopted according to it in cases if insider information and (or) market manipulation concern the foreign currency and agreements which are derivative financial instruments obligation fulfillment on which depends on change of currency rates and values of credit rates (further - check of FFMS of Russia together with the Bank of Russia).

2.1. Check of FFMS of Russia together with the Bank of Russia will be organized and carried out by employees of FFMS of Russia with involvement of bank clerks of Russia to whose job responsibilities the questions concerning the foreign currency and agreements which are derivative financial instruments on which obligation fulfillment depends on change of currency rates and values of credit rates (further - bank clerks of Russia) belong.

2.2. During conducting check of FFMS of Russia together with the Bank of Russia the employee of FFMS of Russia is appointed the head of group of inspectors.

3. Procedure for involvement of bank clerks of Russia.

3.1. FFMS of Russia sends to the Bank of Russia the offer on attraction to check of FFMS of Russia together with the Bank of Russia of bank clerks of Russia (further - the offer of FFMS of Russia).

3.1.1. The offer of FFMS of Russia shall contain:

- full trade name of the subsupervising organization which is subject to check, the primary state registration number;

- the registration number assigned by the Bank of Russia and containing in the Book of state registration of credit institutions - for credit institution;

- specifying on the type of activity performed by the subsupervising organization;

- motivated reasons for need of involvement of bank clerks of Russia for conducting check of FFMS of Russia together with the Bank of Russia;

- type of check of FFMS of Russia together with the Bank of Russia (cameral or exit);

- the checked period;

- expected terms of the beginning and completion of check of FFMS of Russia together with the Bank of Russia;

- offers on quantity and qualification of the bank clerks of Russia involved in check of FFMS of Russia together with the Bank of Russia.

3.1.2. Copies of the documents confirming motivated reasons for need of involvement of bank clerks of Russia to check of FFMS of Russia together with the Bank of Russia are attached to the offer of FFMS of Russia.

3.1.3. The offer of FFMS of Russia goes to the Bank of Russia no later than 10 working days before start date of expected check of FFMS of Russia together with the Bank of Russia.

If during check of observance of requirements of the Law on insider information and the regulatory legal acts adopted according to it, the carried-out FFMS of Russia without participation of bank clerks of Russia, elicits the fact of unauthorized use of insider information and/or the market manipulation of foreign currency and agreements which are derivative financial instruments on which obligation fulfillment depends on change of currency rates and values of credit rates the offer of FFMS of Russia goes to the Bank of Russia within 3 working days from the date of identification of such fact, but no later than 15 working days before date of completion of check.

3.2. The Bank of Russia considers the offer of FFMS of Russia, appoints (in case of coordination) the bank clerks of Russia attracted to participation in check of FFMS of Russia together with the Bank of Russia and sends to FFMS of Russia the notification on coordination of the offer of FFMS of Russia or on refusal in coordination of the offer of FFMS of Russia no later than 5 working days from the date of receipt of the offer of FFMS of Russia.

3.2.1. The notification on coordination of the offer of FFMS of Russia shall contain the information about the bank clerks of Russia attracted to participation in check of FFMS of Russia together with the Bank of Russia (surname, name, middle name and position) including the information which is available for the Bank of Russia specified in subitem 4.2 of item 4 of this provision.

3.2.2. The notification on refusal shall contain motivated reasons for refusal of the Bank of Russia in coordination of the offer of FFMS of Russia.

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