Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

It is registered

in the Ministry of Justice of the Russian Federation

August 31, 2012.

 No. 25348

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

of July 10, 2012 No. 12-58/pz-n

About procedure for transfer of the register of owners of securities to receivers in case of opening of bankruptcy proceedings concerning the professional participant of the security market performing maintaining the register of owners of securities

According to Item 7 of article 185.6 of the Federal Law of 26.10.2002 N 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, N 43, Art. 4190; 2004, N 35, Art. 3607; 2005, N 1, Art. 18, Art. 46; N 44, of Art. 4471; 2006, N 30, Art. 3292; N 52, of Art. 5497; 2007, N 7, Art. 834; N 18, of Art. 2117; N 30, of Art. 3754; N 41, of Art. 4845; N 49, of Art. 6079; 2008, N 30, Art. 3616; N 49, of Art. 5748; 2009, N 1, Art. 4, Art. 14; N 18, of Art. 2153; N 29, of Art. 3632; N 51, of Art. 6160; N 52, of Art. 6450; 2010, N 17, Art. 1988; N 31, of the Art. 4188, Art. 4196; 2011, N 1, Art. 41; N 7, of Art. 905; N 19, of Art. 2708; N 27, of Art. 3880; N 29, of Art. 4301; N 48, of Art. 6728; N 49 (p. I), Art. 7024, Art. 7040; N 49 (p. V), Art. 7061, Art. 7068; N 50, of Art. 7351; N 50, of the Art. 7357) 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, Art. 5148; 2012, N 20, to the Art. 2562), I order:

To determine 1) that transfer of the register of owners of securities to receivers in case of opening of bankruptcy proceedings concerning the professional participant of the security market performing maintaining the register of owners of securities (further - the Registrar), is made by the receiver to the new registrar according to the procedure, the established Regulations on order of interaction in case of the document transfer and information constituting system of maintaining the register of owners of securities, the approved order of FFMS of Russia of 23.12.2010 of N 10-77/pz-n (N 12-27/pz-n is registered by the Ministry of Justice of the Russian Federation 25.03.2011, registration N 20296) in edition of the order of FFMS of Russia of 24.04.2012 (it is registered by the Ministry of Justice of the Russian Federation 01.06. 2012, registration N 24428), taking into account the following requirements:

1.1. within 10 days from the date of adoption by Arbitration Court of the decision on recognition of the Registrar by the bankrupt and on opening of bankruptcy proceedings the receiver shall notify in writing the issuer whose holder of the register of owners of securities was the Registrar (further - the issuer), on cancellation of the contract for maintaining the register of owners of securities;

1.2. within 10 days after receipt of the notification of the receiver on cancellation of the contract for maintaining the register of owners of securities the issuer shall approve the new registrar and the term of the contract with it;

1.3. transfer of the register of owners of securities is performed after the conclusion of the contract for maintaining the register between the issuer and the new registrar, but no later than three months from the date of opening of bankruptcy proceedings;

1.4. the expenses connected with transfer of the register of owners of securities are born by the issuer;

1.5. the receiver within 5 working days from the date of completion of transfer of registers of owners of securities which maintaining was performed by the Registrar shall provide in federal executive body on the security market the transfer report of registers of owners of securities of the following content:

the list of issuers whose maintaining registers of owners of securities was performed by the Registrar, on acceptance date Arbitration Court of the decision on recognition of the Registrar by the bankrupt and about opening of bankruptcy proceedings;

the list of the issuers who accepted the register of owners of securities for independent maintaining the register of owners of securities;

the list of issuers with indication of new registrars, with application of copies of the documents confirming transfer of the register of owners of securities of the issuer to receivers;

the list of issuers who did not take measures for observance of the procedure of transfer of the register of owners of securities, with application of copies of the documents confirming the direction to receivers of notifications to issuers on termination of the contract on maintaining the register of owners of securities of the issuer.

Copies of the specified documents shall be certified by the signature of the receiver, are fastened by impress of a seal of the Registrar.

 

Head D. PANKIN

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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