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Ministry of Justice

Russian Federation 

On October 24, 2016 No. 44127

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 29, 2016 No. 174-I

About procedure for assignment of the status of the central partner by the Bank of Russia

(as amended on 01-10-2020)

This Instruction based on articles 27 and 27.2 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. 7, Art. 904; No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; 2014, No. 11, Art. 1098; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, of the Art. 23, of the Art. 47) (further - the Federal Law No. 7-FZ), article 7 of the Federal Law of December 29, 2015 No. 403-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2016, No. 1, the Art. 23) (further - the Federal Law No. 403-FZ) establishes procedure for assignment of the status of the central partner by the Bank of Russia along with licensing for banking operations and licenses for implementation of clearing activities, procedure for representation by the credit institutions with the status of bank performing functions of the central partner about day of entry into force of the Federal Law No. 403-FZ, documents in the Bank of Russia for continuation of implementation of functions of the central partner, procedure for representation by legal entities not being credit institutions and performing functions of the central partner about day of entry into force of the Federal Law No. 403-FZ, documents in the Bank of Russia for continuation of implementation of functions of the central partner, order of registration by the Bank of Russia of the documents specified in parts 1 and 1.1 of article 27 of the Federal Law No. 7-FZ.

Chapter 1. General provisions

1.1. The documents submitted according to this Instruction go to the Bank of Russia (Department of the admission and termination of activities of the financial organizations (further - authorized structural division) on paper if other is not provided by this Instruction and other regulations of the Bank of Russia.

1.2. The documents submitted to authorized structural division for acquisition of the status of the central partner and for receipt of the license for implementation of clearing activities shall be signed by person performing functions of sole executive body or other authorized person (with appendix of the document confirming it powers) person who filed in authorized structural division the corresponding petition (further - the job seeker). The signature of person performing functions of sole executive body, or other authorized person on the specified documents of the job seeker is certified by seal of the job seeker (in the presence of seal).

1.3. In case of submission of documents for acquisition of the status of the central partner of the non-bank credit institution created by organization - the central partner the documents specified in Item 1.2 of this Instruction are signed by person authorized by founders of non-bank credit institution - the central partner.

1.4. In the documents submitted by the job seeker for acquisition of the status of the central partner and for receipt of the license for implementation of clearing activities, 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 numbered sheets which is commited by person, performing functions of sole executive body of the job seeker, or other authorized person, with indication of surname, name, middle name (in the presence of the last), positions and dates of creation.

In the presence of seal the signature of person performing functions of sole executive body of the job seeker or other authorized person shall be certified by seal.

When making zaveritelny text by other authorized person of the job seeker the original (or the copy certified by person performing functions of sole executive body) the document, the confirming power of the person which signed the submitted documents also shall be provided to authorized structural division.

1.5. The documents issued by authorized body of foreign state and constituted in foreign language, provided for acquisition of the status of the central partner and for receipt of the license for implementation of clearing activities 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.

1.6. Documents for acquisition of the status of the central partner and for receipt of the license for implementation of clearing activities can be represented also in the form of the electronic documents signed by the strengthened digital signature according to requirements of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65).

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