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Ministry of Justice

Russian Federation

On June 29, 2016 No. 42678

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 13, 2016 No. 542-P

About requirements to implementation of depository activity when forming records based on the documents relating to conducting depositary accounting, and also the documents connected taking into account and transition of the rights to securities, and in case of storage of the specified documents

This Provision according to Item 3 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. 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. 1, Art. 13; No. 14, Art. 2022; No. 27, Art. 4001; No. 29, Art. 4348, Art. 4349, Art. 4357; 2016, No. 1, of the Art. 50, the Art. 81) (further - the Federal Law "About the Security Market") establishes requirements to implementation of depository activity when forming records based on the documents relating to conducting depositary accounting, and also the documents connected taking into account and transition of the rights to securities, and in case of storage of the specified documents.

Chapter 1. General provisions

1.1. The depositary will organize system of accounting of the documents relating to conducting depositary accounting, and also the documents connected taking into account and transition of the rights to securities (further - system of accounting of documents), according to requirements of this provision.

1.2. The system of accounting of documents shall provide possibility of access to records about the documents relating to conducting depositary accounting or the documents connected taking into account and transition of the rights to securities which were received or directed by depositary.

1.3. The depositary performs maintaining the accounting registers containing data on its depositors.

1.4. Records are brought in the accounting register specified in Item 1.3 of this provision based on the questionnaire of the depositor or documents on modification of the questionnaire of the depositor signed by the depositor or, in case of confirmation of appropriate authority, his representative.

Entries in the accounting register specified in Item 1.3 of this provision shall contain the data allowing to identify the depositor, including the data provided for representation of the register of owners of securities to the holder when opening the corresponding personal account and also bank account details on which the income and (or) payments for securities will be listed.

1.5. In addition to the documents specified in Item 1.4 of this provision, in the cases provided by the depositary agreement, records can be brought in the accounting register specified in Item 1.3 of this provision based on the following documents containing data on depositors of depositary:

the documents received from the Unified State Register of Legal Entities, and concerning the foreign legal entity - from the trade register or other accounting register of the state in which such legal entity is registered;

the documents received by depositary from depositors when rendering other services to depositors or when carrying out their identification provided by the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, Art. 14, Art. 37, Art. 58; No. 18, Art. 2614; No. 24, Art. 3367; No. 27, Art. 3945, Art. 3950, Art. 4001; 2016, No. 1, Art. 11, Art. 23, Art. 27, Art. 43, Art. 44).

1.6. The depositary performs maintaining the accounting registers containing records about securities concerning which it renders services in accounting of the rights, according to the internal documents approved by it. Such records shall contain the data allowing to identify the specified securities.

1.7. The depositary performs chronological conducting records about all the performed depository operations in the transaction journal according to requirements of this provision.

1.8. In case of rendering to the depositor the services connected with receipt of the income on securities and (or) which are due to owners of other securities of the payments including provided by articles 7.1 and 8.7 of the Federal law "About the Security Market", the depositary which is not credit institution performs chronological conducting records about such income and (or) payments in internal accounting according to requirements of this provision.

1.9. The depositary performs storage and protection of the records provided by this Provision taking into account requirements of this provision, and also upon the demand of the Bank of Russia or in other cases provided by the depositary agreement provides possibility of visualization and submission of information (including in the form of spreadsheets) containing in the specified records.

1.10. The depositary according to the procedure, established by the internal documents approved by it, performs:

depository operations and document flow, including procedures of introduction of the records provided by this Provision and also document handling of depositary by divisions, differentiation of powers for processing, storage and subsequent use of documents;

the accounting of depository operations and other procedures providing and supporting the isolated accounting of the rights to securities of each client (depositor);

the differentiation of access rights and ensuring confidentiality of information which is not allowing possibility of use of the specified information to own advantage depositary, employees of depositary and the third parties;

information security;

consideration of claims and requests of clients (depositors).

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