PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 13, 2014 No. 436-P

About procedure for issue by the Bank of Russia of permission to placement and (or) the organization of the circulation of issued securities of the Russian issuers outside the Russian Federation

This Provision based on Article 16, Item 19 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, the Art. 4219) (further - the Federal Law "About the Security Market") determines procedure for issue by the Bank of Russia of permission to placement and (or) the organization of the circulation of issued securities (further - securities) the Russian issuers outside the Russian Federation.

Chapter 1. General provisions

1.1. Securities of the Russian issuers are allowed to placement and (or) the organization of the request for limits of the Russian Federation by means of issue by the Bank of Russia of permission to placement and (or) on the organization of security circulation of the Russian issuers outside the Russian Federation (further - Permission).

1.2. For the purpose of this provision under the organization of security circulation of the Russian issuer outside the Russian Federation, including by means of placement according to foreign law of the securities of the foreign issuer (further - foreign securities) certifying the rights concerning securities of the Russian issuer it is understood:

the admission of securities of the Russian issuer or the foreign securities certifying the rights concerning securities of the Russian issuer to the organized biddings on the foreign organizer of trade, including at the foreign exchange, or in the foreign organized (regulated) financial market;

the offer outside the Russian Federation of securities of the Russian issuer or foreign securities certifying the rights concerning securities of the Russian issuer, to the unrestricted group of people including with advertizing use.

Chapter 2. The documents submitted for receipt of Permission

2.1. For receipt of Permission by applicants (Department of the corporate relations (further - authorized division) are represented to the Bank of Russia:

the statement on receipt of Permission (further - the Statement) which shall contain data, stipulated in Item 2.4 this provision. If the Application is submitted for receipt of permission to placement and the organization of security circulation of the Russian issuer outside the Russian Federation, it shall be signed by the Russian issuer and if placement and the organization of security circulation of the Russian issuer outside the Russian Federation are performed by means of placement and the circulation of foreign securities - also foreign issuer. If the Application is submitted for receipt of permission to the organization of security circulation of the Russian issuer outside the Russian Federation, it shall be signed by the owner (owners) of securities of the Russian issuer which circulation is supposed to be organized outside the Russian Federation and if the organization of security circulation of the Russian issuer outside the Russian Federation is performed by means of placement and the circulation of foreign securities - also foreign issuer and the Russian issuer if he is agreement party based on which placement and the circulation of foreign securities is performed;

the document confirming inclusion of securities of the Russian issuer of the same type, category, as securities concerning which the Application, in the quoted list of the exchange is submitted;

the copy of the agreement certified by applicants (one of applicants) based on whom placement and (or) security circulation of the Russian issuer outside the Russian Federation will be organized by means of placement and the circulation of foreign securities constituted in Russian or constituted in foreign language with appendix of properly certified translation into Russian;

the document confirming opening to the foreign issuer of the custody account of depositary programs for accounting of securities of the Russian issuer placement and (or) the organization of the address of which is supposed outside the Russian Federation by means of placement and the circulation of foreign securities;

the statement (the copy of the statement certified in accordance with the established procedure) on personal account (custody account) of the shareholder - the shareholder of the Russian issuer if the application on receipt of Permission is submitted concerning shares of the Russian issuer, and such application is signed by the shareholder - the shareholder of the Russian issuer;

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 issue of Permission. The specified document shall contain mark of bank about discharge of duty on payment of the specified state fee;

the inventory of the submitted documents.

2.2. The document confirming inclusion of securities of the Russian issuer in the quoted list of the exchange can be provided after submission of other documents, stipulated in Item 2.1 this provision, but no later than 30 days from the date of submission of such documents.

2.3. The documents specified in Item 2.1 of this provision can be provided along with submission of documents for state registration of release (additional release) of securities of the Russian issuer.

2.4. The statement shall contain the following information.

2.4.1. The information about the applicant (applicants) who files Petition:

a) specifying on whether the Russian issuer concerning whose securities the Application is submitted is applicant;

b) if applicant is the foreign issuer - the following information about the foreign issuer:

full name, the location of the foreign issuer and his address for receipt of post correspondence;

the data allowing to identify the foreign issuer according to its personal law;

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