It is registered
Ministry of Justice
Russian Federation
On September 9, 2014 No. 34005
of August 11, 2014 No. 428-P
About standards of issue of securities, procedure for state registration of release (additional release) of issued securities, state registration of reports on release results (additional release) of issued securities and registration of securities prospectuses
According to Item 2 of article 42 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, Art. 6985; 2014, No. 30, Art. 4219) (further - the Federal Law "About the Security Market") this Provision affirm standards of issue of securities and procedure for state registration of release (additional release) of issued securities, state registration of reports on release results (additional release) of issued securities and registration of securities prospectuses.
1.1. The procedure of share issue, bonds and options of the issuer (further - securities) if other is not provided by this Provision, includes the following stages:
decision making about securities placement or other decision which is the basis for securities placement (further - the decision on securities placement);
approval of the decision on release (additional release) of securities;
state registration of release (additional release) of securities or assignment to release (additional release) of securities of identification number;
securities placement;
state registration of the report on release results (additional release) of securities or submission of the notification on release results (additional release) of securities.
1.2. Securities, release (additional release) of which did not undergo state registration, cannot be placed, except for the following cases:
share placings in case of establishment of a joint-stock company;
securities placements by reorganization of joint-stock companies in the form of the separation or allocation performed at the same time with merge or to accession in case of which securities placement of the joint-stock companies created as a result of separation or allocation is performed without state registration of issue of securities and the report on results of issue of securities;
placements by open subscription of bonds without mortgage providing concerning which conditions are at the same time complied, stipulated in Item 1 article 27.5-2 of the Federal law "About the Security Market" (further - exchange bonds);
placements by the closed subscription of bonds without mortgage providing concerning which the conditions established by subitems 3 - the 5th Item 1 of article 27.5-2 of the Federal law "About the Security Market" are at the same time complied (further - commercial bonds);
placements of the Russian depositary receipts concerning which conditions, stipulated in Item 5.1 articles 27.5-3 of the Federal law "About the Security Market" are at the same time complied.
1.3. State registration of release (additional release) of securities can be followed by registration of the securities prospectus, and in case of securities placement by subscription - shall be followed by registration of the securities prospectus except as specified if one of the following conditions is observed at least:
in accordance with the terms of securities placement they accommodate to persons which are skilled investors provided that the number of persons who can perform the privilege of acquisition of such securities without persons which are skilled investors does not exceed 500;
in accordance with the terms of share placing and (or) the securities converted into shares they accommodate to persons who for certain date were or are shareholders of joint-stock company - the issuer provided that the number of such persons without persons which are skilled investors does not exceed 500;
in accordance with the terms of securities placement they are offered persons whose number does not exceed 150, without persons which are skilled investors and also without persons who for certain date were or are members (shareholders) of the issuer provided that the number of such participants (shareholders) who are not skilled investors does not exceed 500;
in accordance with the terms of securities placement they accommodate by the closed subscription among persons whose number without persons which are skilled investors does not exceed 500;
the amount of the money raised by the issuer by securities placement of one or several releases (additional releases) within one year does not exceed 200 million rubles;
the amount attracted by the issuer, being credit institution, money by placement of bonds of one or several releases (additional releases) within one year does not exceed four billion rubles;
in accordance with the terms of securities placement the cash amount brought in their payment by each of potential acquirers except for of persons performing the privilege of acquisition of the corresponding securities constitutes at least four million rubles provided that the number of persons who can perform the privilege of acquisition of such securities without persons which are skilled investors does not exceed 500;
in case of state registration of separate release (additional release) of the bonds placed within the program of bonds if the prospectus of bonds is registered along with state registration of the program of bonds.
1.4. If state registration of two or more releases (additional releases) of securities of one issuer is performed at the same time, concerning securities of such releases (additional releases) one securities prospectus can be prepared.
1.5. If securities are placed by open subscription or the procedure of issue of securities is followed by registration of the securities prospectus, the issuer shall open information on release (additional release) of securities according to article 30 of the Federal law "About the Security Market".
1.6. In case when according to this Provision the issuer represents to the Bank of Russia (further - the registering body), any document (documents), such document is submitted (such documents are provided) to registering body on paper. If paper of the document contains more than one leaf, it shall be numbered, stitched, under seal the issuer on insertion and is certified by the authorized signature of the issuer. Erasures and blots in the text of the documents submitted on papers are not allowed.
Fidelity of copies of the documents submitted according to this Provision to registering body on paper shall be confirmed with seal of the issuer and the signature of its authorized person if other form of assurance is not established by regulatory legal acts of the Russian Federation. In the cases provided by this Provision, texts of documents are represented to registering body also on the electronic medium and in the format conforming to requirements of registering body.
1.7. In cases when according to this Provision the issuer represents the copy of any document to registering body, he has the right to provide instead of the copy to registering body the original of such document.
1.8. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 28.10.2016 No. 4171-U
1.9. The documents provided by this Provision can be provided to registering body electronically (in the form of electronic documents), signed (signed) by the digital signature according to requirements of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, to No. 15, by Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 26, Art. 3390). The specified documents electronically (electronic documents) are recognized equivalent to the documents signed by the sign manual and provided on paper.
1.10. The terms established by this Provision are estimated from the date of, the receipt following behind day in registering body of the relevant documents and if the specified terms are established by this Provision for issue (direction) of notifications by results of consideration of the documents which arrived in registering body - from the date of, the adoption of the relevant decision by registering body following behind day by results of consideration of such documents. If the last day of the term established by this Provision falls on non-working day, day of the termination of the specified term is the next working day following it.
1.11. In case when according to this Provision submission of the document confirming the fact of payment of the state fee collected in accordance with the legislation of the Russian Federation about taxes and fees for making of legally significant action by registering body is required and the registering body has no authentic data on payment by the applicant (issuer) of the specified state fee in accordance with the established procedure, the documents submitted by the applicant (issuer) are left without consideration. In this case the registering body shall within seven working days from the date of receipt of the documents submitted by the applicant (issuer) to direct it the notification with indication of to need of submission of the document confirming the fact of payment of the state fee, and the current of the terms established by this Provision for review of the documents submitted by the applicant (issuer) stops before the date of receipt by registering body of authentic data on payment of the state fee in accordance with the established procedure.
1.12. Use of seal on the documents submitted according to this Provision to registering body on paper is obligatory in the cases provided by the Federal Laws and also if data on availability of seal contain in the charter (the constituent document) of the corresponding legal entity.
1.13. If according to this Provision submission of the copy of the protocol (minutes abstract) of general meeting of members of economic society is required, and the specified document does not contain data on observance stipulated in Item 3 Articles 67.1 of part one of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, the Art. 3301) of procedure for confirmation of the decision (decisions) made (accepted) general meeting members of economic society, and the list of persons who were present at its acceptance together with such document shall be represented the reference containing data on observance of the specified procedure (other document containing data on observance of the specified procedure). At the same time data on observance of the specified procedure shall include the name of the registrar performing functions of counting board or surname, name, middle name (in the presence of the last) and the name of position of the notary who certified the made decision (the made decisions) and if the decisions made by general meeting of members of limited liability company are confirmed in a different way - specifying of such method.
1.14. If according to this Provision submission of the document (including copies of the protocol (minutes abstract) of general meeting of bondholders) confirming receipt in accordance with the established procedure of the consent of bondholders is required, and the specified consent of bondholders cannot be received because any bondholder has no voting power on appropriate question, instead of the specified document the reference containing the corresponding explanations shall be represented.
2.1. Procedure for decision making about securities placement, and also its content shall conform to requirements of the Federal Laws and this provision.
2.2. If in charter of joint-stock company the procedure and conditions of placement of the announced shares of certain category (type), then procedure and conditions of placement of additional shares of this category (type) determined by the decision on their placement are determined shall correspond to the specified provisions of the charter of such joint-stock company.
2.3. In the cases established by this Provision, the decision on securities placement is not made.
3.1. The decision on release (additional release) of securities if other is not provided by this Provision, affirms on the basis and according to the decision on their placement.
3.2. The decision on release (additional release) of securities of economic society affirms the board of directors (supervisory board) or governing body performing according to the Federal Laws of function of the board of directors (supervisory board) of this economic society.
The decision on release (additional release) of securities of the legal entity of other form of business affirms the supreme body of management of this legal entity if other is not established by the Federal Laws.
3.3. The decision on release (additional release) of securities shall be approved no later than six months from the moment of decision making about their placement.
3.4. The requirement, stipulated in Item 3.3 this provision, is not applied:
in case of approval of the decision on issue of securities, placed in case of establishment of a joint-stock company and subjects to placement by reorganization in the form of merge, separation, allocation and transformation, including in the form of the separation or allocation performed at the same time with merge or accession;
in cases when the decision on release (additional release) of securities repeatedly affirms authorized body of management of the issuer in connection with entering into it of necessary changes after submission of documents for state registration of release (additional release) of securities and before implementation of such state registration.
3.5. One copy of the decision on release (additional release) of personalized securities is stored at the registrar performing maintaining the register of owners of such securities, one copy of the decision on release (additional release) of bonds to bearer with obligatory centralized storage - at the depositary performing obligatory centralized storage of such bonds. In case of discrepancies in the text of copies of the decision on release (additional release) of securities the copy which is stored in the body which performed state registration of release (additional release) of securities prevails and if state registration of release (additional release) of securities was not performed - in body (organization) which (which) according to the Federal Law "About the Security Market" or other Federal Laws appropriated (appropriated) to release (additional release) of securities identification number.
3.6. The decision on release (additional release) of securities is signed by the person holding position (performing functions) of sole executive body of the issuer, with indication of signature date and is sealed the issuer.
If powers of sole executive body of the issuer are delegated under the agreement of the commercial organization (management company), the decision on release (additional release) of securities is signed by the person holding position (performing functions) of sole executive body of such management company with indication of details (number and date of the conclusion) the agreement under which it delegates powers of sole executive body of the issuer, or the representative of such management company who is acting on the basis of the power of attorney with additional specifying of details (number and date of issue) to such power of attorney.
3.7. In the cases provided by this Provision, the decision on release (additional release) of securities shall contain procedure for disclosure of the relevant information.
In cases when according to this Provision the decision on release (additional release) of securities contains procedure for disclosure of information, such procedure shall conform to requirements of the legislation of the Russian Federation about securities.
3.8. The decision on release (additional release) of securities shall provide that securities are intended for skilled investors in cases if:
securities are bonds without providing which issuer answers signs of bankruptcy, insolvency and (or) insufficiency of property, stipulated by the legislation the Russian Federation about insolvency (bankruptcy);
securities are bonds of economic society which net assets value upon termination of the second complete accounting year or each next complete accounting year preceding date of submission of documents for state registration of release (additional release) of bonds is less than the size of the authorized capital of such economic society;
securities are bonds, the decision on which placement provides that they are intended for skilled investors;
securities are the Russian depositary receipts certifying the property right to shares or bonds (the represented securities) of the foreign issuer according to which personal law such shares or bonds (the represented securities) cannot be offered the unrestricted group of people;
in other cases established by the Federal Laws.
3.9. The title page of the decision on release (additional release) of the securities intended for skilled investors shall contain the words "The Securities Constituting This Release (Additional Release) Are the Securities Intended for Skilled Investors and Are Limited in Turnover in Accordance with the Legislation of the Russian Federation" printed with the greatest of fonts which were used for seal of other text, except for names of the document.
The decision on release (additional release) of the securities intended for skilled investors shall contain regulations that such securities can belong only to skilled investors, except as specified, provided by the Federal Law "About the Security Market" and regulations of registering body.
4.1. If state registration of release (additional release) of securities is followed by registration of the securities prospectus, the issuer has the right to file in registering body petition for preliminary consideration of the documents necessary for implementation of state registration of such release (additional release) of securities.
4.2. For preliminary consideration of the documents necessary for implementation of state registration of release (additional release) of securities which is followed by registration of the securities prospectus are represented to registering body:
the statement for preliminary consideration of the documents necessary for state registration of release (additional release) of securities constituted according to appendix 1 to this Provision;
the document confirming the fact of payment of the state fee collected in accordance with the legislation of the Russian Federation about taxes and fees for preliminary consideration of the documents necessary for implementation of state registration of release (additional release) of securities (the payment order, the receipt of the established form in case of cash form of payment with appendix of the document confirming powers on making of such payment) containing mark of bank about discharge of duty on payment of the specified state fee;
the decision on release (additional release) of securities which depending on method of their placement shall be constituted according to appendices 10 - 17 to this Provision;
securities prospectus. The requirement to form of the securities prospectus and structure of the data included in it are established according to article 22 of the Federal law "About the Security Market"; other documents which submission for state registration of release (additional release) of securities which is followed by registration of the securities prospectus is provided by this Provision.
4.3. In case of representation for preliminary consideration of the documents necessary for implementation of state registration of release (additional release) of securities which is followed by registration of the securities prospectus can be provided to registering body:
the decision on release (additional release) of securities and the securities prospectus without their statement of the issuer by authorized body of management;
the questionnaire of the issuer constituted for the date specified in the statement for preliminary consideration of the documents necessary for state registration of release (additional release) of securities;
drafts of the decisions made by authorized bodies of management of the issuer (authorized persons) if relevant decisions are not made by authorized bodies of management of the issuer (authorized persons) yet;
the certificate of decisions of the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies, authorities of subjects of the Russian Federation, local government bodies, other authorized bodies of the government which adoption is required for implementation of state registration of release (additional release) of securities if relevant decisions are not made yet;
the reference containing the reasons for which any of documents which representation for state registration of release (additional release) of securities which is followed by registration of the securities prospectus is required according to this Provision cannot be submitted for preliminary consideration.
4.4. The issuer submits in registering body documents for their preliminary consideration in one copy, except for decisions on release (additional release) of the securities and the securities prospectus represented in duplicate.
Texts of the questionnaire of the issuer, the decision on release (additional release) of securities, lists of documents, the securities prospectus are submitted in registering body for preliminary consideration of the specified documents also on the electronic medium and in the format conforming to requirements of registering body.
4.5. The registering body shall consider previously submitted documents and make the decision on their compliance or discrepancy to requirements of the legislation of the Russian Federation within 30 days from the date of their obtaining.
4.6. In case of decision making about compliance of the documents submitted according to this Provision for their preliminary consideration the registering body shall requirements of the legislation of the Russian Federation within three working days from acceptance date of the relevant decision to issue (to send) to the issuer:
notification of registering body on compliance of the documents necessary for state registration of release (additional release) of securities, to requirements of the legislation of the Russian Federation;
one copy of the decision on release (additional release) of securities with mark about its preliminary consideration;
one copy of the securities prospectus with mark about its preliminary consideration.
4.7. In case of decision making about discrepancy of the documents submitted according to this Provision for their preliminary consideration the registering body shall requirements of the legislation of the Russian Federation within three working days from acceptance date of the relevant decision to issue (to send) to the issuer the notification of registering body on discrepancy of the documents necessary for state registration of release (additional release) of securities, to requirements of the legislation of the Russian Federation containing list of the revealed discrepancies.
5.1. State registration of releases (additional releases) of securities is performed by registering body.
5.2. For state registration of release (additional release) of securities are represented to registering body:
the statement on state registration of release (additional release) of securities constituted depending on method of securities placement according to appendices 2 - 4 to this Provision, and in cases when according to this Provision state registration of the report on results of issue of securities is performed along with state registration of issue of securities, - constituted according to appendix 5 to this Provision;
the questionnaire of the issuer constituted according to appendix 7 to this Provision;
the copy of the document confirming state registration of the issuer;
the decision on release (additional release) of securities which depending on method of their placement shall be constituted according to appendices 10 - 15 to this Provision;
the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which makes the decision on securities placement, with indication of if this decision is made by collegiate organ of management, quorum and results of vote for its acceptance;
the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which approves the decision on release (additional release) of securities, with indication of if the decision on release (additional release) of securities is approved by collegiate organ of management, quorum and results of vote for its approval;
the copy of the charter (constituent documents) of the issuer in the current version with all changes and (or) amendments made to them;
the document containing calculation of net assets value of the commercial organization providing the guarantee on bonds with indication of unit of measure in which such calculation is made. The specified document shall be constituted according to accounting (financial) records of the commercial organization providing the guarantee on bonds for the last complete accounting period consisting of three, six, nine or twelve months of accounting year, preceding date of submission of documents for state registration of release (additional release) of bonds and is signed by person holding position (performing functions) sole executive body of the commercial organization providing the guarantee on the bonds;
the document confirming the fact of payment of the state fee collected in accordance with the legislation of the Russian Federation about taxes and fees for state registration of release (additional release) of securities (the payment order, the receipt of the established form in case of cash form of payment with appendix of the document confirming powers on making of such payment) containing mark of bank about discharge of duty on payment of the specified state fee (except for state registration of releases (additional releases) of the shares placed for the purpose of increase in the authorized capital at the size of the revaluation of fixed assets made according to the decision of the Government of the Russian Federation);
the inventory of the submitted documents constituted according to appendix 9 to this Provision;
other documents provided by this Provision.
5.3. For the state registration of release (additional release) of securities which is followed by registration of the securities prospectus are in addition represented to registering body:
securities prospectus. The requirement to form of the securities prospectus and structure of the data included in it are established according to article 22 of the Federal law "About the Security Market";
the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which approves the securities prospectus, with indication of if the securities prospectus is approved by collegiate organ of management, quorum and results of vote for its approval;
paragraph fourth ceased to be valid;
the certificate of the issuer of elimination of all discrepancies to requirements of the legislation of the Russian Federation revealed by registering body by results of preliminary consideration of the documents submitted by the issuer if by results of preliminary consideration of the documents necessary for implementation of state registration of release (additional release) of securities which is followed by registration of the securities prospectus, the registering body made the decision on their discrepancy to requirements of the legislation of the Russian Federation. The specified reference shall be signed by the person holding position (performing functions) of sole executive body of the issuer.
5.4. For the state registration of release (additional release) of bonds which is not followed by registration of the securities prospectus in registering body the copy of accounting (financial) records of the issuer for the last complete financial year and for the last complete accounting period consisting of three, six or nine months of accounting year, the submissions of documents preceding date for state registration of release (additional release) of bonds in addition is submitted.
If the annual accounting (financial) accounts of the issuer are subject to statutory audit, together with the represented copy of annual accounting (financial) accounts of the issuer the copy of audit opinion which shall conform to the requirements established by federal rules (standards) of auditor activities is submitted. At the same time the accounting (financial) records concerning which the auditor expresses opinion on its reliability shall be attached to audit opinion.
If for any reasons the issuer cannot provide annual accounting (financial) accounts or accounting (financial) records for the last complete accounting period consisting of three, six or nine months of accounting year or represents such reporting not in full (structure), the reference containing the corresponding explanations which shall be signed by the chief accountant (person performing its functions) or other official of the issuer to who conducting financial accounting is assigned in addition is submitted.
5.5. For state registration of release (additional release) of securities, except for the securities which are subject to placement by reorganization of legal entities in the form of merge, separation, allocation and transformation including in the form of the separation or allocation performed at the same time with merge in registering body the certificate of the issuer who is economic society, of payment of its authorized capital, signed by the person holding position (performing functions) of sole executive body of the issuer in addition is submitted. The specified reference shall contain data on the size of the authorized capital of the issuer and his payment.
5.5.1. In case of submission of documents for state registration of release (additional release) of securities and registration of the securities prospectus after their preliminary consideration the statement on state registration of release (additional release) of securities shall contain specifying on this circumstance.
5.6. The issuer submits to registering body the documents necessary according to this Provision for state registration of release (additional release) of securities, in one copy, except for decisions on release (additional release) of the securities and the securities prospectus represented in triplicate.
Texts of the questionnaire of the issuer, the decision on release (additional release) of securities, lists of documents, the securities prospectus (if state registration of release (additional release) of securities is followed by registration of their prospectus) are represented to registering body for state registration of release (additional release) of securities also on the electronic medium and in the format conforming to requirements of registering body.
5.7. Documents for state registration of release (additional release) of securities shall be submitted to registering body no later than three months from approval date of the decision on their release (additional release) and if state registration of release (additional release) of securities is followed by registration of the securities prospectus - no later than one month from approval date of the securities prospectus if other is not established by this Provision.
5.8. The registering body shall perform state registration of release (additional release) of securities or to make the motivated decision on refusal in its state registration during the following terms.
5.8.1. Within 30 days from the date of receipt by it of the documents submitted according to this Provision for state registration of release (additional release) of securities and registration of the securities prospectus.
5.8.2. Within 20 days from the date of receipt by it of the documents submitted according to this Provision for the state registration of release (additional release) of securities which is not followed by registration of the securities prospectus.
5.8.3. Within 10 working days from the date of receipt of the documents submitted according to this Provision for state registration of release (additional release) of securities and registration of the securities prospectus after their preliminary consideration if:
the registering body made the decision on compliance of such documents to requirements of the legislation of the Russian Federation;
the issuer eliminates all discrepancies to requirements of the legislation of the Russian Federation revealed by registering body by results of preliminary consideration of the submitted documents;
documents for state registration of release (additional release) of securities and registration of the securities prospectus are represented to registering body no later than three months from the date of their preliminary consideration.
5.9. In case of submission to registering body not of all documents provided by this Provision the discrepancies of the scope of information containing in the specified documents, to requirements of the Federal Law "About the Security Market", this provision, regulations of registering body and also in case of identification of other violations which do not require for their elimination of holding general meeting of participants (shareholders) of the issuer (further - removable violations) or signs of violations by registering body check of reliability of the data containing in the securities prospectus and other documents submitted for state registration of release (additional release) of securities is performed. In this case the current of the term provided by subitems 5.8.1 and 5.8.2 of Item 5.8 of this provision stops for the period of conducting check, but no more than for 30 days.
The registering body requests documents which submission is required for check of reliability of the data containing in the securities prospectus and other documents submitted for state registration of release (additional release) of securities.
5.10. In case of identification of removable violations after the termination of the term provided for conducting check of reliability of the data containing in the securities prospectus and (or) other documents submitted for state registration of release (additional release) of securities, the registering body makes the decision on suspension of issue of securities. In case of implementation of check of reliability of the data containing in the securities prospectus and other documents submitted for state registration of release (additional release) of securities or suspension of issue of securities the registering body sends to the issuer the adequate notice with indication of the allowed violations (signs of violations), term for their elimination (in case of identification of violations) and (or) need of representation by the issuer of the corrected documents.
In case of identification of removable violations after adoption by registering body of the decision on suspension of issue of securities the registering body sends to the issuer the adequate notice with indication of the allowed violations, term for their elimination, need of representation by the issuer of the corrected documents.
In case of submission by the issuer of the corrected documents to registering body only those documents to which changes were made are submitted. The specified documents are submitted in the number of copies established by this Provision, with the cover letter and the inventory of the submitted documents.
5.11. The registering body bears responsibility only for completeness of the data containing in the documents submitted for state registration of release (additional release) of securities, but not for their reliability.
5.12. In case of origin before state registration of release (additional release) of securities of circumstances which can influence essentially decision making about acquisition of securities the issuer shall provide to registering body the decision on release (additional release) of securities and (or) the securities prospectus with the changes made to them reflecting these circumstances.
5.13. In case of decision making about state registration of release (additional release) of securities the registering body shall within three working days from acceptance date of the relevant decision to issue (to send) to the issuer:
notification of registering body on state registration of release (additional release) of securities;
two copies of the decision on release (additional release) of securities with mark about its registration and the state registration number of release (additional release) of securities;
two copies of the securities prospectus with mark about its registration and the state registration number of release (additional release) of securities (in case of registration of the securities prospectus).
5.14. In case of decision making about refusal in state registration of release (additional release) of securities the registering body shall within three working days from acceptance date of the relevant decision to issue (to send) to the issuer the notification on refusal in state registration of release (additional release) of securities containing the refusal bases.
5.15. The decision on refusal in state registration of release (additional release) of securities is made by registering body on the following bases:
violation by the issuer of requirements of the legislation of the Russian Federation on securities, including availability in the submitted documents of the data allowing to draw conclusion on contradiction of conditions of issue and security circulation to the legislation of the Russian Federation and discrepancy of conditions of issue of securities to the legislation of the Russian Federation on securities;
discrepancy of the documents submitted for state registration of release (additional release) of securities or registration of the securities prospectus, and structure of the data containing in them to requirements of the Federal Law "About the Security Market", this provision, regulations of registering body;
non-presentation within 30 days at the request of registering body of all documents necessary for state registration of release (additional release) of securities or registration of the securities prospectus;
discrepancy of the financial consultant in the security market who signed the securities prospectus, to the established requirements;
entering into the securities prospectus or the decision on release (additional release) of securities (other documents which are the basis for state registration of release (additional release) of securities) of false data or data, untrue (false information).
5.16. State registration of release (additional release) of shares cannot be performed:
before complete payment of the authorized capital of joint-stock company - the issuer (except for release (releases) of the shares placed under its organization);
before state registration of reports (submission to registering body of notifications) on results of all releases (additional releases) of shares registered earlier (except shares which placement was complete before entry into force of the Federal Law "About the Security Market", and the shares placed by converting in them of the securities converted into such shares) and before entering of corresponding changes into charter of joint-stock company - the issuer;
before state registration in charter of joint-stock company - the issuer of regulations on nominal value and the number of the announced shares of the corresponding categories (types), and also about the rights affirmed by them (in case of placement of additional shares).
5.17. State registration of release (additional release) of bonds cannot be performed:
before complete payment of the authorized capital of the issuer who is economic society;
if the amount of nominal values or the size of obligations on the placed bonds of release (additional release) exceeds the restriction for bond emission amount set in the charter (constituent documents) of bond issuing institution;
before state registration in charter of joint-stock company - the issuer of regulations on nominal value, quantity, and also about the rights according to the announced shares of the corresponding categories (types) into which bonds are converted (in case of placement of the bonds converted into shares).
5.18. State registration of release (additional release) of options of the issuer cannot be performed:
before complete payment of the authorized capital of joint-stock company - the issuer;
before state registration in charter of joint-stock company - the issuer of regulations on nominal value, quantity, and also about the rights according to the announced shares of the corresponding categories (types), the right to which acquisition is granted by such options.
5.19. State registration of two and more releases (additional releases) of ordinary shares or two and more releases (additional releases) of preferred shares of one type cannot be performed at the same time, except as specified simultaneous state registration of two or more additional releases of ordinary shares or two or more additional releases of the preferred shares of one type placed by reorganization of joint-stock companies in the form of accession or in the form of the separation or allocation performed along with accession.
5.20. In case of refusal in state registration of release (additional release) of securities the documents provided for state registration of release (additional release) of securities do not return.
6.1. Identification number is assigned to release (additional release) of securities which according to the Federal Law "About the Security Market" or the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; No. 25, Art. 2956; 1999, No. 22, Art. 2672; 2001, No. 33, Art. 3423; 2002, No. 12, Art. 1093; No. 45, Art. 4436; 2003, No. 9, Art. 805; 2004, No. 11, Art. 913; No. 15, Art. 1343; No. 49, Art. 4852; 2005, No. 1, Art. 18; 2006, No. 1, Art. 5, Art. 19; No. 2, Art. 172; No. 31, Art. 3437, Art. 3445, Art. 3454; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 31, Art. 4016; No. 49, Art. 6079; 2008, No. 18, Art. 1941; 2009, No. 1, Art. 23; No. 19, Art. 2279; No. 23, Art. 2770; No. 29, Art. 3642; No. 52, Art. 6428; 2010, No. 41, Art. 5193; No. 45, Art. 5757; 2011, No. 1, Art. 13, Art. 21; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7024, Art. 7040; No. 50, Art. 7357; 2012, No. 25, Art. 3267; No. 31, Art. 4334; No. 53, Art. 7607; 2013, No. 14, Art. 1655; No. 30, Art. 4043, Art. 4084; No. 45, Art. 5797; No. 51, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2304; No. 30, Art. 4219; No. 52, Art. 7543; 2015, No. 14, Art. 2022; No. 27, of the Art. 4001) (further - the Federal Law "About Joint-stock Companies") is not subject to state registration, namely:
to release (additional release) of exchange bonds if issue of exchange bonds according to the decision (discretion) of their issuer is performed without state registration of release (additional release) of the specified bonds, registration of the prospectus of the specified bonds, state registration of the report (submission by the issuer to registering body of the notification) on release results (additional release) of the specified bonds;
to release (additional release) of commercial bonds if issue of commercial bonds according to the decision (discretion) of their issuer is performed without state registration of release (additional release) of the specified bonds, registration of the prospectus of the specified bonds, state registration of the report (submission by the issuer to registering body of the notification) on release results (additional release) of the specified bonds;
to issue of securities, placed by reorganization of joint-stock company in the form of separation or allocation if such separation or allocation is performed at the same time with merge or to accession;
to release of the Russian depositary receipts concerning which conditions are at the same time complied, stipulated in Item 5.1 articles 27.5-3 of the Federal law "About the Security Market" if issue of such Russian depositary receipts according to the decision (discretion) of their issuer is performed without state registration of release of the Russian depositary receipts and registration of the prospectus of the Russian depositary receipts.
6.2. Assignment of identification number is performed:
to releases (additional releases) of exchange bonds and releases of the Russian depositary receipts - the exchange;
to releases (additional releases) of commercial bonds - the central depositary;
to issues of securities, placed by reorganization of joint-stock company in the form of separation or allocation if such separation or allocation is performed at the same time with merge or to accession, - registering body.
6.3. The list of the documents submitted to the exchange for assignment to release (additional release) of exchange bonds, release of the Russian depositary receipts of identification number, and also the features connected with assignment to release (additional release) of exchange bonds, release of the Russian depositary receipts of identification number are determined by Sections VIII and X of this provision respectively.
The list of the documents submitted to the central depositary for assignment to release (additional release) of commercial bonds of identification number, and also the features connected with assignment to release (additional release) of commercial bonds of identification number are determined by the Section VIII of this provision.
The list of the documents submitted to the exchange for assignment of identification number to release (additional release) of the exchange bonds placed within the program of exchange bonds or the central depositary for assignment of identification number to release (additional release) of the commercial bonds placed within the program of commercial bonds, and also the features connected with assignment of identification number to release (additional release) of the exchange or commercial bonds placed within the program of exchange or commercial bonds are determined by the Section VI.1 of this provision.
6.4. The list of the documents submitted to registering body for assignment to issue of securities placed by reorganization of joint-stock company in the form of separation or allocation if such separation or allocation is performed at the same time with merge or to accession, and also the features connected with assignment to release of the specified securities of identification number are determined by Chapter 56 of this provision.
6.5. The procedure and term of adoption by the exchange of the decision on assignment of identification number to releases (additional releases) of exchange bonds and releases of the Russian depositary receipts are determined by rules of the exchange.
The procedure and term of adoption by the central depositary of the decision on assignment of identification number to releases (additional releases) of commercial bonds are determined by the internal document (rules) of the central depositary.
7.1. Securities placement includes:
transactions, directed to securities disposal to their first owners;
introduction of receipt records on personal accounts (custody accounts) of the first owners (in case of placement of personalized securities or documentary bonds with obligatory centralized storage);
issue of certificates of documentary bonds to their first owners (in case of placement of documentary bonds without obligatory centralized storage).
7.2. Securities placement shall be performed in accordance with the terms, determined by the decision on their release (additional release).
7.3. The issuer has the right to begin securities placement only after state registration of their release (additional release) if other is not established by the Federal Law "About the Security Market" and this Provision.
7.4. Securities placement shall be performed during the term specified (determined according to the procedure established) in the decision on release (additional release) of securities.
7.5. In case of modification of the decision on release (additional release) of securities and (or) of the securities prospectus after the beginning of securities placement and before its completion the issuer from the moment of decision making about introduction of such changes of management of the issuer by authorized body and if such changes affect the conditions determined by the decision on securities placement - from the moment of acceptance by authorized body of management of the issuer of the decision on change of the conditions of securities placement determined by the decision on securities placement - shall suspend securities placement.
7.6. Securities placement is resumed from registration date of changes in the decision on release (additional release) of securities or decision making on refusal in registration of such changes and if state registration of release (additional release) of securities was followed by registration of their prospectus, - from the date of disclosure by the issuer of information on renewal of securities placement.
7.7. In case of non-stationing of any security of release (additional release) such release (additional release) of securities is recognized registering body cancelled, and its state registration is cancelled.
8.1. The issuer submits in registering body the report on release results (additional release) of securities, and in case of observance of conditions, stipulated in Item 2 articles 25 of the Federal law "About the Security Market" having the right to provide the notification on release results (additional release) of securities instead of the report on release results (additional release) of securities.
The report (notification) on release results (additional release) of securities is submitted the issuer in registering body no later than 30 days after the termination of term of securities placement specified in the registered decision on release (additional release) of securities and if all securities were placed before the expiration of this term, - no later than 30 days after placement of the last security of this release (additional release).
8.2. In case of submission to registering body of the report on release results (additional release) of securities before the termination of term of securities placement specified in the registered decision on release (additional release) of securities, such report on release results (additional release) of securities returns to the issuer registering body without consideration, except for the following cases:
placements of all securities of release (additional release) before the expiration of securities placement;
release securities placements (additional release) by the closed subscription if the group of people among which the issuer assumed to perform securities placement consists of one person and the specified person refuses acquisition of all or the part which were subject to securities placement;
release share placings (additional release) by the closed subscription if the group of people among which the issuer assumed to perform share placing consists of the issuer's shareholders who refuse acquisition of all or the part which were subject to release share placing (additional release) according to the shareholders' agreement signed by them;
refusal of the issuer of release securities placement (additional release) and submission of the report on release results (additional release) of securities containing information that any security of release (additional release) is not placed.
8.3. In the cases established by this Provision, the report on results of issue of securities is submitted in registering body along with the documents submitted for state registration of issue of securities.
8.4. In case of submission to registering body of the notification on release results (additional release) of securities before the termination of term of securities placement specified in the registered decision on release (additional release) of securities, such notification on release results (additional release) of securities returns to the issuer registering body together with the notification on need of submission to registering body of the notification on release results (additional release) of securities after the termination of term of securities placement, except for case of placement of all securities of release (additional release) before the expiration of securities placement.
8.5. In case of submission to registering body of the notification on release results (additional release) of securities in case of non-compliance with conditions, stipulated in Item 2 articles 25 of the Federal law "About the Security Market", such notification on release results (additional release) of securities returns to the issuer registering body together with the notification on need of submission to registering body of the report on release results (additional release) of securities.
8.6. The notification on release results (additional release) of securities returned to the issuer in cases, specified in Items 8.4 and 8.5 of this provision, is not considered provided to registering body.
8.7. The report (notification) on release results (additional release) of securities of economic society affirms sole executive body of this economic society if decision making on the specified question is not referred by the charter of economic society to competence of collegiate executive body or the board of directors (supervisory board) of this economic society. At the same time in case the charter of economic society to competence of its collegiate executive body or the board of directors (supervisory board) refers decision making on the issue of approval of the report (notification) on results of issue of securities, decision making on the issue of approval of the report (notification) on results of additional issue of securities, except for case when the charter of such economic society directly does not establish other also is within the competence of the same governing body of economic society, including decision making on the specified question is directly referred to competence of its sole executive body.
The report (notification) on release results (additional release) of securities of the legal entity of other form of business affirms sole executive body of the legal entity if other is not established by the Federal Laws or the charter (constituent documents) of the legal entity.
8.8. The report (notification) on release results (additional release) of securities is signed by the person holding position (performing functions) of sole executive body of the issuer, with indication of signature date and is sealed the issuer. Signing the report (notification) on release results (additional release) of securities, the person holding position (performing functions) of sole executive body of the issuer, confirms thereby reliability and completeness of all information containing in the report (notification) on release results (additional release) of securities.
If powers of sole executive body of the issuer are delegated under the agreement of the commercial organization (management company), the report (notification) on release results (additional release) of securities is signed by the person holding position (performing functions) of sole executive body of such management company with indication of details (number and date of the conclusion) the agreement under which it delegates powers of sole executive body of the issuer, or the representative of such management company who is acting on the basis of the power of attorney with additional specifying of details (number and date of issue) to such power of attorney.
8.9. The persons which signed or who approved the report (notification) on release results (additional release) of securities (voted for approval of the report (notification) on release results (additional release) of securities), bear solidary subsidiary liability for damages, caused by the issuer to the investor and (or) the owner of securities owing to the containing in the report (notification) on release results (additional release) of securities unreliable, incomplete and (or) misleading information confirmed with them.
8.10. For state registration of the report on release results (additional release) of securities are represented to registering body:
the statement on state registration of the report on release results (additional release) of securities constituted according to appendix 21 to this Provision and in case according to this Provision state registration of the report on results of issue of securities is performed along with state registration of issue of securities, - constituted according to appendix 5 to this Provision;
the report on release results (additional release) of securities which shall be constituted according to appendix 22 to this Provision;
the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which makes the decision on approval of the report on release results (additional release) of securities, with indication of if this decision is made by collegiate organ of management, quorum and results of vote for its acceptance;
paragraph fifth ceased to be valid;
paragraph of the sixth ceased to be valid;
the document confirming availability of the decision on preliminary coordination according to the Federal Law of April 29, 2008 to No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, the Art. 566) transactions on securities placement of the issuer who is the economic society having strategic importance for ensuring defense of the country and safety of the state if making of such transactions is allowed in the presence of the specified decision on their preliminary coordination;
the document containing calculation of net assets value of the commercial organization which provided the guarantee on bonds with indication of unit of measure in which such calculation is made. The specified document shall be constituted for date of origin at the first owner of the rights to bonds (date of introduction of the first receipt record on personal account (custody account) of the first bondholder or date of transfer of the first bond certificate to the first owner) and is signed by person holding position (performing functions) sole executive body of the commercial organization which provided the guarantee on the bonds;
in case of refusal the issuer from securities placement and submission of the report on results of their release (additional release) containing information that any security is not placed the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which makes the decision on refusal of securities placement, with indication of if this decision is made by collegiate organ of management, quorum and results of vote for its acceptance in addition is submitted;
the document confirming the fact of payment of the state fee collected in accordance with the legislation of the Russian Federation about taxes and fees for state registration of the report from release results (additional release) of securities (the payment order, the receipt of the established form in case of cash form of payment with appendix of the document confirming powers on making of such payment) containing mark of bank about discharge of duty on payment of the specified state fee (except as specified when according to this Provision state registration of the report on results of issue of securities is performed along with state registration of issue of securities);
the inventory of the submitted documents constituted according to appendix 9 to this Provision;
other documents provided by this Provision.
8.10.1. If the documents necessary according to this Provision for state registration of the report on release results (additional release) of securities, were provided for state registration of release (additional release) of securities of the issuer, instead of such documents the reference containing information that the specified documents were already submitted earlier for state registration of release (additional release) of securities of the issuer can be provided. The specified reference shall be signed by the person holding position (performing functions) of sole executive body of the issuer.
8.11. The issuer submits to registering body the documents necessary according to this Provision for state registration of the report on release results (additional release) of securities, in one copy, except for the report on release results (additional release) provided in triplicate.
Texts of the report on release results (additional release) of securities and the list of documents are represented to registering body also on the electronic medium and in the format conforming to requirements of registering body.
8.12. The registering body shall perform state registration of the report on release results (additional release) of securities or to make the motivated decision on refusal in its state registration within 14 days from the date of receipt by it of documents according to this Provision.
8.13. In case of submission to registering body not of all documents provided by this Provision, the discrepancies of the scope of information containing in the specified documents, to requirements of the Federal Law "About the Security Market", this provision, regulations of registering body and also in case of identification of other violations (except for violations of the requirements of the legislation of the Russian Federation allowed by the issuer during issue of securities which cannot be eliminated differently than by means of retirement of securities of release (additional release) registering body makes the decision on suspension of issue of securities. In this case the registering body sends to the issuer the adequate notice with indication of the allowed violations, term for their elimination, need of representation by the issuer of the corrected documents. In case of identification of violations (except for violations of the requirements of the legislation of the Russian Federation allowed by the issuer during issue of securities which cannot be eliminated differently than by means of retirement of securities of release (additional release) after decision making about suspension of issue of securities registering body sends to the issuer the adequate notice with indication of the allowed violations, term for their elimination, need of representation by the issuer of the corrected documents.
In case of submission by the issuer of the corrected documents to registering body only those documents to which changes were made are submitted. The specified documents are submitted in the number of copies established by this Provision with the cover letter and the inventory of the submitted documents.
8.14. In case of decision making about state registration of the report on release results (additional release) of securities the registering body shall within three working days from acceptance date of the relevant decision to issue (to send) to the issuer:
notification of registering body on state registration of the report on release results (additional release) of securities;
two copies of the report on release results (additional release) of securities with mark about state registration.
8.15. In case of decision making about refusal in state registration of the report on release results (additional release) of securities the registering body shall within three working days from acceptance date of the relevant decision to issue (to send) to the issuer the notification on refusal in state registration of the report on release results (additional release) of securities containing the refusal bases.
8.16. The decision on refusal in state registration of the report on release results (additional release) of securities is made by registering body on the following bases.
8.16.1. Violation by the issuer during issue of securities of requirements of the legislation of the Russian Federation which cannot be eliminated differently, than by means of retirement of securities of release (additional release), including in cases:
violations of the conditions of placement provided by the registered decision on release (additional release) of securities;
failures to carry out by the issuer of the established requirements to disclosure of information on release (additional release) of securities;
violations by the issuer of term of submission to registering body of the report on release results (additional release) of securities, stipulated in Item 8.1 this provision (except for the report on the results of share issue placed in case of establishment of a joint-stock company - the issuer, and also the report on release results (additional release) of the securities placed by reorganization in the form of merge, separation, allocation and transformation including in the form of merge which is performed along with separation or allocation).
8.16.2. Non-execution by the issuer of requirements of registering body about elimination of the securities of violations of the law of the Russian Federation allowed during issue.
8.16.3. Entering into the decision on release (additional release) of securities or other documents which were the basis for state registration of release (additional release) of securities or into the report on release results (additional release) of securities or other documents which are the basis for state registration of the report on release results (additional release) of securities, false data or data, untrue (false information).
8.17. In case of refusal in state registration of the report on release results (additional release) of securities the documents submitted for state registration of the report on release results (additional release) of securities do not return.
8.18. In case of refusal such release (additional release) is recognized cancelled state registration of the report on release results (additional release) of securities and its state registration is cancelled.
8.19. Features of submission of the notification on release results (additional release) of securities are established by Chapter 25 of this provision. In case of submission to registering body in compliance representation and state registration of the report on release results (additional release) of securities are not performed by this Provision of the notification on release results (additional release) of securities.
8.20. Submission to registering body of the report (notification) on release results (additional release) of securities is not performed:
in case of issue of exchange bonds - according to the decision (discretion) of the issuer of exchange bonds;
in case of issue of securities of the joint-stock company created as a result of separation or allocation if such separation or allocation is performed at the same time with merge or to accession;
in case of issue of the Russian depositary receipts.
9.1. The issuer has the right, and in the cases provided by the Federal Law "About the Security Market" or other federal securities laws shall make changes to the decision on release (additional release) of securities and (or) to the securities prospectus.
9.2. Changes and (or) in the securities prospectus can be brought in the decision on release (additional release) of securities after state registration of release (additional release) of securities and (or) registration of the securities prospectus respectively and before repayment of all securities of the corresponding release (additional release).
9.3. Changes and (or) in the securities prospectus are brought in the decision on release (additional release) of securities according to the decision of governing body of the issuer to which competence approval of the decision on release (additional release) of securities and (or) the securities prospectus respectively is referred.
If the changes made to the decision on release (additional release) of securities affect the conditions determined by the decision on placement of such securities, the specified changes are made also according to the decision of governing body of the issuer to which competence decision making about placement of the corresponding securities is referred.
9.4. If changes are made to the decision on release (additional release) of bonds after placement of bonds, introduction of such changes, except for the changes connected with replacement of bond issuing institution by its reorganization is performed with the consent of bondholders, received according to the procedure, established by the Federal Law.
9.5. If state registration of release (additional release) of securities is followed by registration of the securities prospectus and changes are made to the decision on release (additional release) of securities before completion of securities placement, introduction of such changes shall be followed by entering of changes, similar on content, into the securities prospectus.
9.6. If release (additional release) of securities according to the Federal Law "About the Security Market" and this Provision is subject to state registration, the changes made to the decision on release (additional release) of securities and (or) to the securities prospectus are subject to state registration by registering body, except for the changes made to the securities prospectus which are stipulated in Item 9.7 this provision.
9.7. If after registration of the securities prospectus and prior to their placement by the issuer the accounting (financial) records for the corresponding accounting period are constituted and (or) there were new circumstances which can have significant effect on decision making about acquisition of the corresponding securities, the changes reflecting the specified circumstances shall be made to the securities prospectus. Such changes are not subject to state registration by registering body, and information containing in them shall be opened prior to securities placement in the same order in which information containing in the securities prospectus reveals.
The provision of this Item is not applied if the issuer performs disclosure of information according to item 4 of article 30 of the Federal law "About the Security Market".
9.8. Changes in the decision on release (additional release) of securities affirm and signed according to the procedure, provided by this Provision for approval and signing of the decision on release (additional release) of securities. Changes in the securities prospectus affirm and signed according to the procedure, provided by the Federal Law "About the Security Market" and regulations of registering body adopted according to it for approval and signing of the securities prospectus. At the same time other persons, including the financial consultants in the security market, the third party who provided to the issuer providing for the purposes of bond issue who signed the securities prospectus sign changes in the securities prospectus if such changes affect information which completeness and reliability they confirm.
9.9. For registration of changes and (or) in the securities prospectus in registering body are represented to the decision on release (additional release) of securities:
the registration application of changes in the decision on release (additional release) of securities and (or) in the securities prospectus, constituted according to appendix 18 to this Provision;
changes in the decision on release (additional release) of securities which shall be constituted according to appendix 19 to this Provision, and (or) changes in the securities prospectus which shall be constituted according to appendix 20 to this Provision;
the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which makes the decision on introduction (on approval) changes in the decision on release (additional release) of securities and (or) in the securities prospectus, with indication of if this decision is made by collegiate organ of management, quorum and results of vote for its acceptance;
the copy (the statement from) the protocol of meeting (meeting) of authorized body of management of the issuer (the order, the order or other document of the authorized person) which makes the decision on change of the conditions of securities placement determined by the decision on securities placement if the made changes in the decision on release (additional release) of securities and (or) in the securities prospectus affect such conditions, with indication of if this decision is made by collegiate organ of management, quorum and results of vote for its acceptance;
paragraph of the sixth ceased to be valid;
the document confirming obtaining according to the procedure, established by the Federal Law, the consent of bondholders to modification of the decision on release (additional release) of bonds if such changes are made after placement of bonds and are not the changes connected with replacement of bond issuing institution by its reorganization;
the document confirming the fact of payment of the state fee collected in accordance with the legislation of the Russian Federation about taxes and fees for state registration of the changes made to the decision on release (additional release) of securities and (or) to their avenue (the payment order, the receipt of the established form in case of cash form of payment with appendix of the document confirming powers on making of such payment) containing mark of bank about discharge of duty on payment of the specified state fee;
the inventory of the submitted documents constituted according to appendix 9 to this Provision.
9.10. For registration of changes with providing the issuer - specialized society regarding replacement of such issuer in case of its bankruptcy in registering body are in addition represented to the decision on release (additional release) of bonds:
the copy (the statement from) the protocol of general meeting of bondholders which makes the decision on consent to replacement of the issuer - the specialized society declared by Arbitration Court bankrupt in accordance with the legislation of the Russian Federation about insolvency (bankruptcy);
the copy (the statement from) the protocol of creditor meeting of specialized society which makes the decision on the appeal to Arbitration Court with the petition for cession of property, the specialized society constituting mortgage providing bonds, to the new issuer of such bonds;
the copy of the arbitration court ruling about satisfaction of the petition of creditor meeting of specialized society and about cession of property, the specialized society constituting mortgage providing bonds, to the new issuer of such bonds together with obligations on the specified bonds.
9.11. The issuer submits to registering body the documents required according to this Provision for registration of changes in the decision on release (additional release) of securities and (or) in the securities prospectus, in one copy, except for texts of changes in the decision on release (additional release) of securities and (or) to the securities prospectus, provided in triplicate.
Texts of changes in the solution on release (additional release) of securities and (or) the securities prospectus, inventories of the submitted documents are represented to registering body also on the electronic medium and in the format conforming to requirements of registering body.
9.12. In case of modification of the decision on release (additional release) of securities and (or) of the securities prospectus before placement completion (the placement expiration) of securities documents for registration of such changes shall be submitted to registering body within 15 days from acceptance date by authorized body of management of the issuer (authorized person) of the decision on introduction (about approval) such changes.
9.13. The registering body shall:
perform registration of changes which are made to the decision on release (additional release) of securities, or to make the motivated decision on refusal in their registration within 20 days from the date of receipt by it of the documents submitted according to this Provision for registration of such changes;
perform registration of changes which are made to the securities prospectus or to the decision on release (additional release) of securities and to the securities prospectus, or to make the motivated decision on refusal in their registration within 30 days from the date of receipt by it of the documents submitted according to this Provision for registration of such changes.
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The document ceased to be valid since May 11, 2020 according to the Provision of the Central bank of the Russian Federation of December 19, 2019 No. 706-P