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The document ceased to be valid since March 1, 2019 according to the Instruction of the Central bank of the Russian Federation of October 17, 2018 No. 5056-U

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Ministry of Justice

Russian Federation

On December 10, 2015 No. 40055

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 13, 2015 No. 168-I

About procedure for licensing of professional activity by the Bank of Russia in the security market and procedure for maintaining the register of professional participants of the security market

(as amended of the Instruction of the Central bank of the Russian Federation of 13.06.2017 No. 4408-U)

This Instruction based on 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. 14, Art. 2022; No. 27, Art. 4001; No. 29, the Art. 4348), 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 procedure for licensing of different types of professional activity by the Bank of Russia in the security market and determines procedure for maintaining the register of professional participants of the security market.

Chapter 1. General provisions

1.1. Documents for receipt of the license for implementation of professional activity in the security market (further - the license), renewals, issues of the duplicate of the license, issue of the statement from the register of professional participants of the security market and for entering of data into the specified register are represented to the Bank of Russia (Department of the admission and termination of activities of the financial organizations) (further - authorized structural division).

1.2. In the license granted to the professional participant of the security market (further - the licensee), the type of the permitted activities is specified.

One of the following licenses can be issued to the license applicant planning implementation of broker activities:

license of the professional participant of the security market for implementation of broker activities;

the license of the professional participant of the security market for implementation of broker activities only for the conclusion of the agreements which are derivative financial instruments which basic asset are the goods;

the license of the professional participant of the security market for implementation of broker activities which does not have the right based on the contract for broker servicing with the client to exploit money of clients and to make security transactions and derivative financial instruments for customer account without involvement of other broker (agent) who is the bidder and the participant of clearing.

1.3. The license is granted on the form protected from counterfeits contains specifying on one of types of activity and is signed by the authorized person of the Bank of Russia which it is ratified official stamp of the Bank of Russia.

1.4. Information on licensing or on refusal in licensing is posted on the official site of the Bank of Russia on the Internet (further - Internet network) no later than the next working day after day of adoption of the relevant decision.

1.5. The documents submitted according to this Instruction go to authorized structural division on paper if other is not provided by this Instruction and other regulations of the Bank of Russia.

1.6. The documents submitted to authorized structural division according to this Instruction shall be signed by person performing functions of sole executive body or other authorized person of the legal entity who filed in authorized structural division petition for licensing (further - the job seeker), with appendix of the document confirming it powers. The signature of person performing functions of sole executive body, or other authorized person on the specified documents of the organization is certified it by seal (in the presence of seal).

1.7. The copies of documents represented according to this Instruction to authorized structural division if this Instruction does not provide other, shall be certified by person performing functions of sole executive body or other authorized person of the job seeker with appendix of the document confirming it powers. The signature of person performing functions of sole executive body, or other authorized person of the job seeker on the specified copies is certified by seal (in the presence of seal).

1.8. In the documents submitted on paper to authorized structural division and containing more than one leaf, sheets shall be numbered, stitched and fastened the last leaf by zaveritelny text with indication of figures and the copy-book of number of the numbered sheets signed by her originator with indication of surname, name and (in the presence) middle name, specifying of position and date of creation on the back, at the same time the signature of person performing functions of sole executive body or other authorized person of the job seeker is certified by seal (in the presence of seal).

1.9. The documents submitted to authorized structural division by job seekers shall be valid and urgent for date of their representation.

1.10. The documents constituted in foreign language shall be legalized according to the procedure, established by the legislation of the Russian Federation if other is not provided by international treaties which participants are the Russian Federation and the country of the location (registration) of the foreign organization, with appendix of the translation of the specified documents certified in accordance with the established procedure into Russian.

1.11. All documents submitted to authorized structural division shall be specified in the inventory containing information on the name of the document, the number of sheets of each document and all set in general which shall be signed by person performing functions of sole executive body or other authorized person of the job seeker, at the same time the signature is certified by seal of the job seeker (in the presence of seal).

Chapter 2. The list of the documents submitted by the job seeker for receipt of the license and procedure for their consideration

2.1. For receipt of the license the following documents shall be submitted to authorized structural division.

2.1.1. The statement for licensing is constituted concerning one of types of professional activity in the security market, drawn up on the form of the job seeker (in the presence) (appendix 1 to this Instruction) which signature is certified by seal of the job seeker (in the presence of seal) and contains the following information about the job seeker:

full trade name in Russian;

concerning the job seeker registered after entry into force of the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" (The Russian Federation Code, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565; No. 50, Art. 4855; No. 52, Art. 5037; 2004, No. 45, Art. 4377; 2005, No. 27, Art. 2722; 2007, No. 7, Art. 834; No. 30, Art. 3754; No. 49, Art. 6079; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 1, Art. 19, Art. 20, Art. 23; No. 29, Art. 3642; No. 52, Art. 6428; 2010, No. 21, Art. 2526; No. 31, Art. 4196; No. 49, Art. 6409; No. 52, Art. 7002; 2011, No. 27, Art. 3880; No. 30, Art. 4576; No. 49, Art. 7061; 2012, No. 14, Art. 1553; No. 31, Art. 4322; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4084, No. 44, Art. 5633; No. 51, Art. 6699; 2014, No. 14, Art. 1551; No. 19, Art. 2312; No. 30, Art. 4217, Art. 4242; 2015, No. 1, Art. 10, Art. 42; No. 13, Art. 1811; No. 27, Art. 4001; No. 29, the Art. 4363) (further - the Federal Law on state registration), - the primary state registration number and date of entering of record about creation of the job seeker into the Unified State Register of Legal Entities, and concerning the job seeker registered before entry into force of the Federal Law on state registration specify two dates - registration date by authorized body and date of introduction of record about the first representation according to the Federal Law on state registration of information about the legal entity registered before enforcement of the Federal Law on state registration in the Unified State Register of Legal Entities, and also the primary state registration number;

the name of the body which performed state registration of the job seeker;

identification taxpayer number;

the address specified in the Unified State Register of Legal Entities;

license type which the job seeker asks to issue;

type of professional activity in the security market concerning which the job seeker asks to grant the license (if the job seeker asks to grant the license specified in paragraphs four and the fifth Item 1.2 of this Instruction it its full name shall be given).

The statement for licensing is presented separately on each type of professional activity at the security market.

2.1.2. The questionnaire of the job seeker completed in electronic form is submitted on the optical carrier in the file of the SMML format, the program for which creation is posted on the official site of the Bank of Russia in Internet network, and on paper by converting from the specified file. The specified questionnaire shall include the following information about the job seeker:

full trade name in Russian;

the reduced trade name in Russian (in the presence);

the address specified in the Unified State Register of Legal Entities;

contact phone number;

number of the fax (in the presence);

website address (in the presence);

e-mail address;

concerning the job seeker registered after entry into force of the Federal Law on state registration - the primary state registration number and date of entering of record about creation of the job seeker into the Unified State Register of Legal Entities, and concerning the job seeker registered before entry into force of the Federal Law on state registration two dates - registration date by authorized body and date of introduction of record about the first representation according to the Federal Law on state registration of information about the legal entity registered before enforcement of the Federal Law on state registration in the Unified State Register of Legal Entities, and also the primary state registration number are specified;

the name of the body which performed state registration of the job seeker;

identification taxpayer number;

license type which the job seeker asks to issue;

reason code of registration;

names and address of branches, representations (in the presence) (does not extend to credit institutions);

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