Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

It is registered

in the Ministry of Justice of the Russian Federation

June 27, 2012.

No. 24732

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

of February 9, 2012 No. 12-7/pz-n

About approval of the Procedure and conditions of opening and closing of clearing and trade commodity accounts, and also implementation of transactions on the specified accounts

According to "part 9 of Article 15", "part 8 of Article 16" of the Federal Law from 07.02.2011 N 7-FZ "About clearing and clearing activities" (The Russian Federation Code, 2011, N 7, Art. 904; N 48, of Art. 6728; N 49, of the Art. 7040, the Art. 7061) and the "Regulations" on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 29.08.2011 N 717 (The Russian Federation Code, 2011, N 36, to the Art. 5148), I order: approve enclosed "Procedure" and conditions of opening and closing of clearing and trade commodity accounts, and also implementation of transactions on the specified accounts.

 

Head of D.V.PANKIN

Approved by the Order Order of the Federal Service for Financial Markets of the Russian Federation of February 9, 2012 No. 12-7/pz-n

Procedure and Conditions of opening and closing of clearing and trade commodity accounts, and also implementation of transactions on the specified accounts

I. General provisions

1.1. This Procedure determines procedure and conditions of opening and closing of clearing commodity accounts and commodity sub-accounts of the owner (further - commodity sub-account), procedure and conditions of opening and closing of trading commodity accounts and procedure for making of the transactions on the specified accounts (sub-accounts) performed by the organizations performing carrying out, control and accounting of commodity deliveries according to the obligations allowed to clearing (further - the operator of commodity deliveries).

1.2. The operator of commodity deliveries opens the trading commodity account or the clearing commodity account (further together - the commodity account) and performs transactions on the specified accounts on condition of the conclusion of the contract with the clearing organization according to which the transactions connected with obligation fulfillment on cession of property are performed (except for money and securities), considered on the specified accounts, following the results of clearing.

1.3. The description of procedures of opening and closing of commodity accounts, and also implementation of transactions on the specified accounts, including the document forms which are the basis for carrying out transactions, and also report form, the statements and other documents issued by the operator of commodity deliveries affirm the internal document of the operator of commodity deliveries (further - Conditions of rendering services of the operator of commodity deliveries). Conditions of rendering services of the operator of commodity deliveries shall correspond to this Procedure.

1.4. According to "parts 2" and "the 8th Article 15", "parts 2" and "the 5th article 16" of the Federal Law from 07.02.2011 N 7-FZ "About clearing and clearing activities" the commodity account is the accounting register on which the operator of commodity deliveries considers property which can be used for execution and (or) the ensuring obligation fulfillment allowed to clearing and also obligations on payment of remuneration of the clearing organization and the other persons provided by the law.

1.5. Commodity accounts are opened by the operator of commodity deliveries for persons which signed with him the agreement of storage of the property used for execution and (or) ensuring execution of the obligations allowed to clearing (further - bailors) if it is provided in the specified agreement that Conditions of rendering services of the operator of commodity deliveries are integral part of this agreement. When opening the commodity account the simultaneous cession of property on storage is not required.

1.6. Trading commodity accounts are opened by the operator of commodity deliveries for participants of clearing and other persons, including the clients of participants of clearing provided by rules of clearing of the clearing organization. Trading commodity accounts are opened with indication of the clearing organization which has the right to give orders on implementation of transactions on these accounts or consent to their implementation. The order or on one trading commodity account agrees to implementation of transactions only one clearing organization.

1.7. The clearing commodity account is opened by the operator of commodity deliveries of the clearing organization.

1.8. Accounting of property of one type on commodity accounts shall be performed in identical units of mass and amount (tons, kilograms, cubic meters and other units of mass and amount).

1.9. The operator of commodity deliveries in case of transfer of property into the commodity account, including into the commodity sub-account, keeps separate internal account of property which can be used for obligation fulfillment, and property which can be used for ensuring obligation fulfillment, allowed to clearing.

1.10. The property which is subject of collective clearing providing shall be considered on the separate clearing commodity account on which the property which is subject of individual clearing providing cannot be considered.

1.11. Opening of the commodity account and making of transactions on it is performed based on the order signed by the bailor, or based on the order of person having authority to dispose, considered on the commodity account. The specified order can move on paper or electronically. Information on all orders accepted by the operator of commodity deliveries shall be registered orders, and information on all transactions of the commodity deliveries performed and performed by the operator - in the transaction register of the operator of commodity deliveries. Maintaining the specified magazines is performed on papers and (or) with use of the electronic database with possibility of forming of documents on papers.

II. Procedure for opening of commodity accounts

2.1. Opening of the trading commodity account (accounts) is performed by the operator of commodity deliveries under condition:

1) the conclusions of the agreement of storage of the property used for execution and (or) ensuring execution of the obligations allowed to clearing;

2) receipts of the order conforming to requirements of "Item 1.11" of this Procedure;

3) provisions of the questionnaire of the bailor containing information on the bailor provided by Conditions of rendering services of the operator of commodity deliveries;

4) the consent of the clearing organization specified in the agreement of storage of the property used for execution and (or) ensuring execution of the obligations allowed to clearing.

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