It is registered
Ministry of Justice
Russian Federation
On August 15, 2014 No. 33608
of July 21, 2014 No. 3329-U
About requirements to own means of professional participants of the security market and managing companies of investment funds, mutual investment funds and non-state pension funds
Based on article 76.4 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, the Art. 3634), Item 3 of article 44 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2001, No. 33, Art. 3424; 2002, No. 52, Art. 5141; 2004, No. 27, Art. 2711; No. 31, Art. 3225; 2005, No. 11, Art. 900; No. 25, Art. 2426; 2006, No. 1, Art. 5; No. 2, Art. 172; No. 17, Art. 1780; No. 31, Art. 3437; No. 43, Art. 4412; 2007, No. 1, Art. 45; No. 18, Art. 2117; No. 22, Art. 2563; No. 41, Art. 4845; No. 50, Art. 6247, Art. 6249; 2008, No. 52, Art. 6221; 2009, No. 1, Art. 28; No. 18, Art. 2154; No. 23, Art. 2770; No. 29, Art. 3642; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 17, Art. 1988; No. 31, Art. 4193; No. 41, Art. 5193; 2011, No. 7, Art. 905; No. 23, Art. 3262; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7040; No. 50, Art. 7357; 2012, No. 25, Art. 3269; No. 31, Art. 4334; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4043, Art. 4082, Art. 4084; No. 51, Art. 6699; No. 52, the Art. 6985), Item 6 of Article 38, subitem 1.1 of Item 2 of article 55 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2004, No. 27, Art. 2711; 2006, No. 17, Art. 1780; 2007, No. 50, Art. 6247; 2008, No. 30, Art. 3616; 2009, No. 48, Art. 5731; 2010, No. 17, Art. 1988; No. 31, Art. 4193; 2011, No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 31, Art. 4334; 2013, No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 51, Art. 6695, Art. 6699; 2014, No. 11, the Art. 1098) and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of July 11, 2014 No. 21) the Bank of Russia establishes requirements to own means of professional participants of the security market and the managing companies performing activities for management of investment funds, mutual investment funds and non-state pension funds.
1. Requirements of this Instruction do not extend to credit institutions.
2. The minimum size of own means of professional participants of the security market is calculated in the following procedure:
MRSS = X x NDSS,
where:
MRSS - the minimum size of own means;
NDSS - the standard rate of sufficiency of own means;
X - the constant equal to 2 million rubles. For depositaries size X is calculated by the following formula:
where:
Qi; j - quantity of j-ykh of securities on the account of the nominee holder or the account of person which is acting for the benefit of other persons, i-ym open for depositary person performing accounting of the rights to securities;
Pi; j - the market price of j-ykh of the securities considered on the account of the nominee holder or the account of person which is acting for the benefit of other persons, i-ym open for depositary person performing accounting of the rights to securities, determined according to the procedure established for determination of tax base on income tax according to Chapter 23 of the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, the Art. 3340), and in case of lack of market price - the nominal value of these securities increased by correction coefficient in the amount of, equal 3;
ai - value of the coefficient appropriated to i-mu to person performing accounting of the rights to securities according to appendix to this Instruction;
C - constant equal to 2 million rubles.
3. Numerical value of the standard rate of sufficiency of own means of the professional participants of the security market performing broker activities is established by 1,5, equal to coefficient except for of professional participants of the security market, the stipulated in Item 4 presents of the Instruction.
4. Numerical value of standard rates of sufficiency of own means of professional participants of the security market, is established to equal following coefficients:
a) 17,5 - for the brokers having the right based on the contract for broker servicing with the client to exploit money of clients and (or) to make security transactions and derivative financial instruments for customer account without involvement of other broker (agent);
b) 7,5 - for the brokers specified in the subitem "an" of this Item, who are members of self-regulatory organization in the security market, which:
more than five years function in the status of self-regulatory organization or unites in the structure as members at least 30 percent from total quantity of the financial organizations having the license for implementation of broker activities;
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The document ceased to be valid since June 27, 2017 according to Item 7 of the Instruction of the Central bank of the Russian Federation of May 11, 2017 No. 4373-U