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Ministry of Justice

Russian Federation

On September 18, 2015 No. 38930

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 1, 2015 No. 3770-U

About functions of the workers Forex dealer determined for the purposes of Item 1.1 of article 10.1 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market", and requirements to workers Forex dealer, them carrying out

This Instruction according to Item 1.1 of Article 10. 1, Item 14 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; 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; 2015, No. 1, Art. 13; No. 14, Art. 2022; No. 27, Art. 4001; No. 29, the Art. 4348, the Art. 4349) (further - the Federal Law "About the Security Market") and 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, Art. 3634; No. 30, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, of the Art. 4348) determines functions of the workers Forex dealer specified in Item 1.1 of article 10.1 of the Federal law "About the Security Market" establishes to them qualification requirements, and also requirements to working experience of persons performing functions of sole executive body Forex dealer.

1. To the qualification requirements established by this Instruction there shall correspond the workers Forex dealer who are carrying out the following functions according to the job responsibilities.

1.1. Sole executive body of the organization.

1.2. Head of branch of the organization.

1.3. Deputy manager of the organization or its branch.

1.4. The head (deputy manager) of structural division (in the presence) to which functions activities implementation Forex dealer, including accounting of the signed agreements, the stipulated in Article 4.1 Federal Laws "About the Security Market", and the transactions made in connection with their execution belongs.

1.5. The controller of the organization (person performing functions on conducting internal control behind implementation by the organization or its branch of activities Forex dealer).

1.6. The workers Forex dealer who are carrying out at least one of the listed functions:

according to the conclusion from name and for the account Forex dealer of contracts with the physical persons who are not individual entrepreneurs and also with the broker or the managing director acting at the expense of such physical persons;

on accounting of the signed agreements and transactions made in connection with their execution;

on signing of the reports sent to clients;

on creation and (or) signing of the reporting, and also notifications and other information provided by the Federal Laws and regulations of the Bank of Russia represented to the Bank of Russia.

2. The following qualification requirements are imposed to the workers Forex dealer performing the functions specified in Item of 1 this Instruction.

2.1. Availability of the competence certificate of the specialist of the financial market in broker, dealer activities and the securities management (the certificate of the first type) issued in accordance with the established procedure according to Item 14 of article 42 of the Federal law "About the Security Market".

2.2. Lack of the fact of cancellation of the competence certificate of the specialist of the financial market in broker, dealer activities and the securities management (the certificate of the first type) within the last three years before date of appointment of these workers to position.

2.3. Availability of the higher education got in the Russian Federation or in the USSR, or the higher education recognized in the territory of the Russian Federation got in foreign state. The requirement of this subitem does not extend to the workers performing the functions specified in subitem 1.6 of Item of 1 this Instruction.

3. Person performing functions of sole executive body Forex dealer shall have work experience in the organizations performing activities in the financial market for decision making on questions in the field of the financial market lasting at least two years in position positions of the head of department or other structural division of the financial organizations, and (or) self-regulatory organizations of professional participants of the security market, and (or) federal executive body on the security market, and (or) the Bank of Russia, or the foreign organizations performing activities in the financial market according to the legislation of this foreign state are not lower.

4. This Instruction is subject to official publication in "the Bulletin of the Bank of Russia" and based on 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 August 31, 2015 No. 25) become effective since October 1, 2015.

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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