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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 13, 2015 No. 223-FZ

About self-regulatory organizations in the field of the financial market

(as amended on 02-07-2021)

Accepted by the State Duma on July 3, 2015

Approved by the Federation Council on July 8, 2015

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations arising in connection with acquisition and the termination by the non-profit organizations combining the financial organizations performing the types of activity provided by part 1 of article 3 of this Federal Law, status of self-regulatory organizations in the field of the financial market (further - self-regulatory organizations), implementation of the rights and obligations by them, interaction of self-regulatory organizations and their members with the Central bank of the Russian Federation (further - the Bank of Russia), federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies.

2. Self-regulation in the field of the financial market is understood as independent and initiative activities which are performed by the financial organizations specified regarding 1 article 3 of this Federal Law and which content are development of standards of activities of such financial organizations and control of observance of requirements of the specified standards.

Article 2. Purposes of activities of self-regulatory organizations

The purposes of activities of self-regulatory organizations are:

1) development of the financial market of the Russian Federation, assistance to creation of conditions for effective functioning of financial system of the Russian Federation and ensuring its stability;

2) implementation of economic initiative of members of self-regulatory organization;

3) protection and representation of interests of the members in the Bank of Russia, federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, courts, the international organizations.

Article 3. Acquisition of the status of self-regulatory organization

1. The non-profit organization created according to the Civil code of the Russian Federation and the Federal Law of January 12, 1996 No. 7-FZ "About the non-profit organizations" in the form of association (union) for the purpose of provided by this Federal Law, based on membership and combining the legal entities and individual entrepreneurs performing the following types of activity can acquire the status of self-regulatory organization (further - the financial organizations):

1) brokers;

2) dealers;

3) managing directors;

4) depositaries;

5) registrars;

6) joint-stock investment funds and managing companies of investment funds, mutual investment funds and non-state pension funds;

7) specialized depositaries;

8) non-state pension funds;

9) insurance companies and foreign insurance companies;

10) insurance brokers;

11) societies of mutual insurance;

12) microfinancial organizations;

13) credit consumer cooperatives;

14) housing accumulative cooperatives;

15) agricultural credit consumer cooperatives;

16) Forex dealers;

17) investment advisers.

1.1. The concept "foreign insurance company" is used in this Federal Law in the value specified in the Law of the Russian Federation of November 27, 1992 to No. 4015-1 "About the organization of insurance case in the Russian Federation".

2. The status of self-regulatory organization is acquired concerning one or several types of activity of the financial organizations.

3. For the purposes of this Federal Law under the guise of self-regulatory organization the status of self-regulatory organization acquired concerning the corresponding type of activity of the financial organization is understood.

4. For acquisition of the status of self-regulatory organization the non-profit organization shall conform to the following requirements:

1) consolidation as a part of non-profit organization as her members at least 26 percent from total quantity of the financial organizations performing the corresponding type of activity. At the same time the total quantity of the financial organizations performing the corresponding type of activity is determined based on information posted on the official site of the Bank of Russia on the Internet;

2) availability of the internal standards of self-regulatory organization developed according to requirements of this Federal Law, stipulated in Article the 6th this Federal Law;

3) availability of the governing bodies and specialized bodies of self-regulatory organization provided by Articles 20 - 23, the 25th this Federal Law, and compliance to their requirements of this Federal Law;

4) compliance of the person performing functions of sole executive body of non-profit organization (further - the head of self-regulatory organization), to requirements, stipulated in Article 24 of this Federal Law.

5. The status of self-regulatory organization can be acquired concerning several types of activity of the financial organizations on condition of observance of requirements of Item 1 of part 4 of this Article for the number of the financial organizations combined as a part of non-profit organization performing each type of activity which is self-regulation subject for self-regulatory organization.

6. The non-profit organization acquires the status of self-regulatory organization from the date of entering of information about her into the unified register of self-regulatory organizations in the field of the financial market.

7. The decision on entering of data on non-profit organization into the unified register of self-regulatory organizations in the field of the financial market is made by the Bank of Russia based on its statement with indication of the name of non-profit organization and the following documents submitted to the Bank of Russia in the procedure established by it if other is not provided by this Federal Law:

1) copy of the certificate on state registration of non-profit organization;

2) copy of the charter of non-profit organization;

3) the list of members of non-profit organization certified of the procedure established by the Bank of Russia with indication of:

a) type (types) of the activities performed by each of her members which are self-regulation subject for self-regulatory organization;

b) identification taxpayer number and the primary state registration number of each of her members - legal entities, identification taxpayer number, the primary state registration number and passport data of each of her members - individual entrepreneurs;

4) the internal standards of self-regulatory organization provided by part 1 of article 6 of this Federal Law;

5) copies of the documents confirming creation by non-profit organization of the bodies provided by Articles 20 - 23, 25 of this Federal Law, copies of regulations on such bodies and the copy of documents on their members (for permanent collegiate organ of management of self-regulatory organization and specialized bodies of self-regulatory organization - with indication of place of employment and posts of members of such bodies);

6) the estimate which reflects possibility of implementation by self-regulatory organization of the functions according to this Federal Law and requirements to which creation are determined by the Bank of Russia;

7) the documents confirming observance of requirement stipulated by Article 24 of this Federal Law to the head of self-regulatory organization and documents on appointment of the head of self-regulatory organization;

8) the document confirming payment of the state fee for entering of data on non-profit organization into the unified register of self-regulatory organizations in the field of the financial market according to the procedure and the size which are established by the legislation of the Russian Federation;

9) other documents which need of representation for acquisition of the status of self-regulatory organization by non-profit organization is provided by the regulations of the Bank of Russia regulating the type of activity which is self-regulation subject for self-regulatory organization.

8. The Bank of Russia performs observance of the requirements established by this Federal Law and regulations of the Bank of Russia and in case of need requests from non-profit organization the documents and (or) information confirming observance of such requirements, at the same time term for decision making about entering of data on non-profit organization into the unified register of self-regulatory organizations in the field of the financial market or on refusal in entering of data on non-profit organization into the unified register of self-regulatory organizations in the field of the financial market is estimated from the date of receipt of all necessary documents by the Bank of Russia.

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