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Ministry of Justice

Russian Federation

On June 8, 2016 No. 42453

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 30, 2016 No. 4026-U

About the list obligatory for development by the self-regulatory organizations in the sphere of the financial market uniting brokers, dealers, managing directors, depositaries, registrars, basic standards and requirements to their content, and also the list of transactions (content of the types of activity) in the financial market which are subject to standardization depending on type of activity of the financial organizations

(as amended of the Instruction of the Central bank of the Russian Federation of 26.10.2017 No. 4586-U)

This Instruction based on part 2 of article 5 of the Federal Law of July 13, 2015 No. 223-FZ "About self-regulatory organizations in the sphere of the financial market and about introduction of amendments to articles 2 and 6 of the Federal law "About Modification of Separate Legal Acts of the Russian Federation" (The Russian Federation Code, 2015, No. 29, the Art. 4349) establishes the list obligatory for development by the self-regulatory organizations in the sphere of the financial market (further - self-regulatory organizations) uniting brokers, dealers, managing directors, depositaries, registrars, basic standards and the requirement to their content and also the list of transactions (content of the types of activity) in the financial market which are subject to standardization depending on type of activity of the financial organizations.

Chapter 1. The list obligatory for development of basic standards by self-regulatory organizations

1.1. The self-regulatory organizations uniting brokers shall develop basic standards:

corporate management;

making of transactions in the financial market;

protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations uniting brokers.

1.2. The self-regulatory organizations uniting dealers shall develop the basic standard of corporate management.

1.3. The self-regulatory organizations uniting managing directors shall develop basic standards:

corporate management;

making of transactions in the financial market;

protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations uniting managing directors.

1.4. The self-regulatory organizations uniting depositaries shall develop basic standards:

corporate management;

making of transactions in the financial market;

protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of self-regulatory organizations, the uniting depositaries.

1.5. The self-regulatory organizations uniting registrars shall develop basic standards:

corporate management;

making of transactions in the financial market;

protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations uniting registrars.

Chapter 2. The list of the transactions in the financial market which are subject to standardization depending on type of activity of the financial organizations

2.1. Basic standards of making of transactions in the financial market are developed according to the following list of transactions (content of types of activity) in the financial market, standardization subjects, concerning brokers:

execution of orders of clients;

use of money and securities of clients for the benefit of the broker.

2.2. Basic standards of making of transactions in the financial market are developed according to the following list of transactions (content of types of activity) in the financial market, standardization subjects, concerning managing directors:

determination of investment profile of the client;

risk identification of the client;

implementation of the rights on the securities which are in trust management.

2.3. Basic standards of making of transactions in the financial market are developed according to the following list of transactions (content of types of activity) in the financial market, standardization subjects, concerning depositaries:

opening and closing of the custody accounts and other accounts which are not intended for accounting of the rights to securities (including modification of information on depositors and other persons);

transfer and write-off of securities;

fixing of encumbrance of securities and (or) restrictions of the order with securities;

fixing of the termination of encumbrance of securities and (or) lifting of restriction of the order securities;

suspension and renewal of account transactions of depot;

information transactions;

registration of transition of the rights to securities according to the procedure of inheritance;

introduction of records by reorganization or liquidation of the depositor.

2.4. Basic standards of making of transactions in the financial market are developed according to the following list of transactions (content of types of activity) in the financial market, standardization subjects, concerning registrars:

opening and closing of the personal and other accounts which are not intended for accounting of the rights to securities (including modification of information on registered persons and other persons);

transfer and write-off of securities;

fixing of encumbrance of securities and (or) restrictions of the order with securities;

fixing of the termination of encumbrance of securities and (or) lifting of restriction of the order securities;

registration of transition of the rights to securities according to the procedure of inheritance;

suspension and renewal of transactions on personal accounts;

introduction of records by reorganization and liquidation of the registered person;

consolidation of personal accounts in the register;

provision of data to the issuer (person obliged on securities), registered persons, notaries, the pawnbroker, competitive (arbitral, temporary) to the managing director;

provision of data after cancellation of the contract for maintaining the register, including in cases of the translation of the register in the mode of storage and (or) transfer of the register to other registrar;

error correction, including in case of identification of error of the previous registry holder concerning biographical particulars of the registered person;

cancellation of individual number (code) of additional issue of securities and combination of securities of additional release with securities of release in relation to which they are additional.

Chapter 3. Requirements to contents of basic standards

3.1. The basic standard of corporate management developed by the self-regulatory organizations uniting brokers, dealers, managing directors, depositaries, registrars shall contain following provisions.

3.1.1. The provisions determining the principles of corporate management, in particular:

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