It is registered
Ministry of Justice
On December 4, 2015 No. 39968
of August 3, 2015 No. 482-P
About single requirements to rules of implementation of the securities management, to procedure for disclosure by the managing director of information, and also the requirements directed to exception of conflict of interest of the managing director
This Provision based on 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; No. 30, Art. 4219; 2015, No. 14, Art. 2022; No. 27, Art. 4001; No. 29, the Art. 4348) (further - the Federal Law "About the Security Market") and according to 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) establishes the single requirements to rules of implementation of the securities management, to procedure for disclosure by the managing director of information and the requirement directed to exception of conflict of interest of the managing director.
1.1. The managing director exercises trust management of securities and money of the founder of management, taking all reasonable measures depending on it, for achievement of the investment purposes of the founder of management, in case of compliance to risk level of the possible losses connected with trust management of securities and money (further - risk) which this founder of management is capable to bear (further - the client). If other is not provided by this Provision, the investment purposes of the client for a certain period of time and risk which it is capable to bring to this period of time (further - investment profile), the managing director determines on the basis of the data received from this client.
1.2. The investment profile of the client is determined as:
profitability from trust management which the client expects (further - expected return);
risk which the client is capable to bear (further - admissible risk) if the client is not skilled investor;
period of time for which expected return and admissible risk are determined (further - the investment horizon).
1.3. The investment horizon cannot exceed the term for which the trust management agreement is signed. If the investment horizon is less than the term on which the trust management agreement is signed, expected return and admissible risk are determined for each investment horizon entering the specified time.
1.4. The investment profile of the client - physical person is determined by the managing director, including proceeding from the following data:
about age of physical person;
about the approximate average monthly income and average monthly expenses for the last 12 months, and also about savings of physical person;
about experience and knowledge of physical person in the field of investment.
1.5. Requirements, stipulated in Item 1.4 this provision, are not applied to the clients of the managing director recognized as this managing director of skilled investors.
1.7. The managing director does not check reliability of the information provided by the client for determination of its investment profile if other is not provided by the internal document, stipulated in Item 1.6 this provision.
1.8. In case, stipulated in Item 3.5 this provision, the investment profile of the client can be determined without provision by this client of the relevant information to the managing director.
1.9. The investment profile of the client is reflected the managing director in the document signed by the authorized person of the managing director, constituted in paper form and (or) in electronic form in duplicate, one of which is given (goes) to the client, another is subject to storage by the managing director according to Item 2.1 of this provision (further - the document containing investment profile of the client). The document containing investment profile of the client shall include the description of admissible risk.
1.10. The managing director does not exercise the securities management and money of the client if for such client the investment profile according to this Provision, or in case of lack of consent of the client with the specified investment profile is not determined, except as specified, established by this Provision.
1.11. If the customer risk began to exceed the admissible risk determined in investment profile of the client, and the trust management agreement provides restrictions on actions of the managing director which are necessary for decrease in risk, the managing director notifies on it the client no later than the day following behind day of identification of such excess according to the procedure, approved with the client. In this case, on written customer requirement the managing director shall bring the securities management and money of this client into compliance with its investment profile.
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