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Ministry of Justice

Russian Federation

On October 19, 2012 No. 25705

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

of October 2, 2012 No. 12-82/pz-n

About approval of requirements to activities of the central depositary regarding risk management and internal control, and also to separate internal documents of the central depositary

According to Article 7, Items 1 and 3 of article 32 of the Federal Law of 07.12.2011 N 414-FZ "About the central depositary" (The Russian Federation Code, 2011, N 50, Art. 7356; 2012, N 31, the Art. 4334), and also 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:

1. Approve in coordination with the Bank of Russia the enclosed Requirements to activities of the central depositary regarding risk management and internal control, and also to separate internal documents of the central depositary.

2. Determine that rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism are developed by the central depositary according to the requirements established by the paragraph the ninth Item 2 of article 7 of the Federal Law of 07.08.2001 N 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, N 33, Art. 3418; 2002, N 30, Art. 3029; N 44, of Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, Art. 4828; 2006, N 31, Art. 3446, Art. 3452; 2007, N 16, Art. 1831; N 31, of the Art. 3993, Art. 4011; N 49, of Art. 6036; 2009, N 23, Art. 2776; N 29, of Art. 3600; 2010, N 28, Art. 3553; N 30, of Art. 4007; N 31, of Art. 4166; 2011, N 27, Art. 3873; N 46, of the Art. 6406), for credit institutions.

Acting head

S. K. Kharlamov

Approved by the Order of FFMS of Russia of 02.10.2012 No. 12-82/pz-n

Requirements to activities of the central depositary regarding risk management and internal control, and also to separate internal documents of the central depositary

I. General provisions

1.1. These Requirements to activities of the central depositary regarding risk management and internal control, and also to separate internal documents of the central depositary (further - Requirements) establish:

1) requirements to risk management, connected with implementation of activities of the central depositary, including in case of its combination with other types of activity, and also in cases of emergence of emergency situations;

2) requirements to rules of risk management, connected with implementation of activities of the central depositary which are the internal document of the central depositary (further - Rules of risk management);

3) requirements to the organization of internal control of the central depositary;

4) requirements to rules of internal control of the central depositary which are the internal document of the central depositary (further - Rules of internal control).

1.2. In the central depositary the official shall be designated and (or) the separate structural division, responsible for risk management of the central depositary which are accountable to the board of directors (supervisory board) of the central depositary is created.

1.3. In the central depositary the controller shall be appointed and (or) the separate structural division (service of internal control), responsible for implementation of internal control of the central depositary is created. The controller (head of internal control) is accountable to the board of directors (supervisory board) of the central depositary.

1.4. In the central depositary, and also the controller (service of internal control) functions which are not connected with risk management and implementation of internal control in the central depositary, except as specified, established by these Requirements cannot perform the official (structural division) responsible for risk management, and in case of execution of the obligations shall not depend on other officials and structural divisions of the central depositary.

If the official (structural division) responsible for risk management in the central depositary, is included in structure of service of internal control of the central depositary, such official (structural division) has no right to perform functions of service of internal control.

1.5. The official (employees of structural division) responsible for risk management of the central depositary can be part of the committees and the commissions which are not structural divisions of the central depositary created by the central depositary.

1.6. The central depositary designates the official (head of the structural unit) responsible for risk management in the central depositary, and the controller (head of internal control) provided that for specified persons the central depositary is principle place of employment.

1.7. The official (employees of separate structural division) responsible for risk management in the central depositary, and also the controller (employees of service of internal control) has the right to require from workers and officials of the central depositary of provision of information (documents), including written explanations, on the questions arising during the course of performance it the obligations.

1.8. The central depositary when implementing internal control and risk management is guided by regulatory legal acts of the Bank of Russia about the organization of internal control in credit institutions and banking groups <1> and these Requirements.

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