It is registered
Ministry of Justice
Russian Federation
On August 23, 2016 No. 43329
of July 28, 2016 No. 4085-U
About order of registration the Bank of Russia of documents of the organizer of trade, the clearing organization or the central partner and the changes made to them
This Instruction based on article 27 of the Federal Law of November 21, 2011 No. 325-FZ "About the organized biddings" (The Russian Federation Code, 2011, No. 48, Art. 6726; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; No. 51, Art. 6699; 2015, No. 27, Art. 4001, No. 29, Art. 4357; 2016, No. 1, Art. 47, Art. 48; No. 27, the Art. 4225) (further - the Federal Law "About the Organized Biddings"), article 27 of the Federal Law of February 7, 2011 No. 7-FZ "About clearing, clearing activities and the central partner" (The Russian Federation Code, 2011, No. 48, Art. 6726; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; No. 51, Art. 6699; 2015, No. 27, Art. 4001, No. 29, Art. 4357; 2016, No. 1, Art. 47, Art. 48; No. 27, of the Art. 4225) (further - the Federal Law "About Clearing, Clearing Activities and the Central Partner") establishes order of registration the Bank of Russia of documents of the organizer of trade, the clearing organization or the central partner and the changes made to them.
1. This Instruction does not extend to document registration cases when licensing the exchange, the license of trade system, the license for implementation of clearing activities or in case of assignment of the status of the central partner.
2. Documents of the organizer of trade, the clearing organization or the central partner and the changes made to them are registered the Bank of Russia (Department of the admission and termination of activities of the financial organizations, except for specifications of the agreements which are derivative financial instruments and changes in them which are registered Department of the corporate relations). For document registration of the organizer of trade, the clearing organization or the central partner the following documents shall be submitted to the Bank of Russia:
statement for document registration of the organizer of trade, clearing organization or central partner (appendix to this Instruction);
the documents which are subject to registration (in duplicate) (the documents which are subject to registration are also represented on the electronic medium in the *.doc format; *.docx; *.rtf);
the copy of the decision of authorized body of the organizer of trade, the clearing organization or the central partner which approved the document (documents) which is subject (being subject) to registration.
In the presence in the document of references to other internal documents of the organizer of trade, the clearing organization or the central partner which are not subject to registration in the Bank of Russia directed to registration in the Bank of Russia, copies of such documents are also represented on the electronic medium in the *.doc format; *.docx; *.rtf or in the scanned type in the *.pdf format complete with the documents which are subject to registration.
3. Registration of the changes made to documents of the organizer of trade, the clearing organization or the central partner is performed in case of representation to the new editorial office of the documents which are subject to registration. In this case in the Bank of Russia in addition to documents, the stipulated in Item 2 presents of the Instruction, the following documents shall be submitted:
the list of the changes made to the documents which are subject to registration with the description of the reasons of modification which shall be provided on the electronic medium in the *.doc format; *.docx; *.rtf;
the copy of the decision of authorized body of the organizer of trade, the clearing organization or the central partner who made changes to the document (documents) which is subject (being subject) to registration;
the document confirming payment of the state fee in cases, stipulated by the legislation the Russian Federation about taxes and fees.
4. On the title page of documents of the organizer of trade, the clearing organization or the central partner registered by the Bank of Russia are specified:
the name of the document which is subject to registration;
the name of authorized body of the organizer of trade, the clearing organization or the central partner who approved the document (the changes made to it) which is subject to registration;
approval date of the document which is subject to registration.
The left upper corner of the title page of the document which is subject to registration remains empty for putting down of mark about registration by the Bank of Russia.
5. The document which is subject to registration shall be signed by the authorized person of the organizer of trade, the clearing organization or the central partner. The authorized signature of the organizer of trade, the clearing organization or the central partner is certified by seal (in case of its availability).
6. In case of signing (assurance) of the documents specified in Items 2 and 3 of this Instruction, person which is not performing function of sole executive body of the organizer of trade, clearing the document, the confirming power of the person which signed documents, certified according to the procedure, established by the legislation of the Russian Federation.
7. In the documents specified in Items 2 and 3 of this Instruction containing more than one leaf, sheets shall be numbered, stitched and fastened on the back the last leaf by zaveritelny text with indication of figures and the copy-book of number of the stitched sheets signed by her originator with indication of surname, name, middle name (in the presence of the last), positions and dates of creation.
8. The Bank of Russia makes the decision on document registration (the changes made to them) who are subject to registration or on refusal in their registration no later than the term established by part 3 of article 27 of the Federal law "About the Organized Biddings" and part 2 of article 27 of the Federal law "About Clearing, Clearing Activities and the Central Partner".
9. The decision of the Bank of Russia on document registration (the changes made to them) who are subject to registration is accepted by the director or the deputy director of Department of the admission and the termination of activities of the financial organizations of the Bank of Russia or Department of the corporate relations of the Bank of Russia and is drawn up in the form of the notice of registration (further - the notice of registration).
The first copy of the document registered by the Bank of Russia (Department of the admission on the financial market), with mark about registration goes to the organizer of trade, the clearing organization or the central partner, the second copy together with the documents which are included in the package of documents is stored in the Bank of Russia.
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The document ceased to be valid since December 6, 2019 according to Item 4.2 of the Instruction of the Central bank of the Russian Federation of June 27, 2019 No. 5180-U