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Ministry of Justice

Russian Federation

On September 30, 2016 No. 43877

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 8, 2016 No. 4131-U

About approval of the program of qualification examinations for certification of physical persons in the sphere of broker activities, dealer activities, the securities management and activities Forex dealer

1. According to 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. 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, Art. 4348, Art. 4357; 2016, No. 1, Art. 50, Art. 81; 27, the Art. 4225) (further - the Federal Law "About the Security Market") the Bank of Russia approves No. the program of qualification examinations for certification of physical persons in the sphere of broker activities, dealer activities, the securities management and activities Forex dealer (appendix to this Instruction).

2. This Instruction becomes effective after 10 days after day of its official publication.

3. From the date of entry into force of this Instruction not to apply the order of FFMS of Russia of April 3, 2012 No. 12-17/pz-n "About approval of the Program of specialized qualification examination for specialists of the financial market in broker, dealer activities and the securities management (examination of the first series)", No. 24285 registered by the Ministry of Justice of the Russian Federation on May 21, 2012 (The bulletin of regulations of federal executive bodies of October 1, 2012 No. 40).

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

Appendix

to the Instruction of the Bank of Russia of September 8, 2016 No. 4131-U "About approval of the program of qualification examinations for certification of physical persons in the sphere of broker activities, dealer activities, the securities management and activities Forex dealer"

The program of qualification examinations for certification of physical persons in the sphere of broker activities, dealer activities, the securities management and activities Forex dealer

Chapter 1. Broker activities, dealer activities, securities management and activities Forex dealer. Features of their implementation

Subject 1.1. Broker activities

The basic concepts used in the Federal Law "About the Security Market", and also in the regulations of the Bank of Russia regulating broker activities.

Requirements to implementation of broker activities. Possibility of combination of broker activities with other types of professional activity in the security market and other activities. Features of implementation of activities of the client broker and the broker performing activities only for the conclusion of the agreements which are derivative financial instruments which basic asset are the goods.

Status of the broker: broker, attorney, agent. Objects of broker activities.

Rights and obligations of the broker and client. Responsibility for violation of the broker agreement. Methods and procedure for execution of orders of clients.

The isolated storage by the broker of money of clients. Legal regime of the special broker account. Possibility of use by the broker of assets of the client.

Broker as issue, exchange agent and repayment of investment shares of mutual investment funds. Accomplishment of functions of the agent on payments and exchange of securities. Functions and obligations of the underwriter.

Investment consulting. Analytical customer support. The services of the broker connected with use of trade robots and services of automatic repeating of transactions of Avtosledovaniye.

Subject 1.2. Dealer activities

Concepts and signs of dealer activities. Requirements to implementation of dealer activities. Objects of dealer activities. Possibility of combination of dealer activities with other types of professional activity in the security market and other activities.

Subject 1.3. Securities management

The basic concepts used in the Civil code of the Russian Federation, the Federal Law "About the Security Market", and also the regulations of the Bank of Russia regulating the securities management. Requirements to implementation of the securities management. Possibility of combination of the securities management with other types of professional activity in the security market and other activities.

Trust management agreement of securities. Rights and obligations of the managing director and founder of management. Objects of trust management. Implementation by the managing director of the rights on the securities which are in trust management. Remuneration of the managing director. Responsibility for violation of the trust management agreement.

Procedure for determination of investment profile of the client. Standard strategy of management.

Requirements to the securities management and the money intended for transactions with securities and (or) the conclusions of the agreements which are derivative financial instruments.

Isolation of the securities and money which are in trust management, and also received by the managing director in process of management of securities from property of the managing director.

Subject 1.4. Activities Forex dealer

The basic concepts used in the Federal Law "About the Security Market", and also in the regulations of the Bank of Russia regulating activities Forex dealer. Requirements to activities implementation Forex dealer. Exclusiveness of activities Forex dealer.

The framework agreement and separate contracts signed Forex dealer. Procedure for drawing of quotations and submission of requests. Ensuring obligation fulfillment before Forex dealer. Nominal account Forex dealer. Restrictions when making transactions on the nominal account. Requirements to program technical means Forex dealer.

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