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Ministry of Justice

Russian Federation

On October 28, 2016 No. 44179

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 6, 2016 No. 4148-U

About requirements to development and approval of the plan of providing going concern of repository and the plan of ensuring financial stability of repository

This Instruction according to Item 1 of Article 15. 5, Item 7 of article 15.7 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, 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; No. 27, of the Art. 4225) (further - the Federal Law "About the Security Market") establishes requirements to development and approval of the plan of providing going concern of repository (further - the plan of OND) and the plan of ensuring financial stability of repository (further - the plan of OFU).

Chapter 1. General provisions

1.1. The plan of OND is developed by repository for the purpose of:

preventions of possible violation of continuity of rendering repository services in the conditions of the mode of daily functioning of repository;

recoveries of capability of repository to render repository services in full in case of unusual and emergency situations (further - NChS);

ensuring rendering repository services in the conditions of NChS.

1.2. The plan of OFU is developed by repository for the purpose of:

preventions of possible loss of financial stability of repository;

recoveries of financial stability of repository in case of its loss;

ensuring rendering repository services in the conditions of loss of financial stability of repository.

1.3. The plan of OND and the plan of OFU can be part of internal documents of the persons combining the activities with repository activities, establishing the requirements aimed at providing the going concern combined from repository, and financial stability of persons performing the activities combined with repository on condition of observance of the requirements provided by this Instruction.

1.4. OND developed the plan and plan of OFU shall provide the effective and productive actions directed to goal achievement, specified in Items 1.1 and 1.2 of this Instruction.

1.5. The plan of OND and the plan of OFU affirm the board of directors (supervisory board) of repository.

Chapter 2. Requirements to plan development of providing going concern of repository

2.1. The plan of OND of repository shall contain:

specifying on confidentiality of the data constituting the plan of OND, and also procedure for access for workers of repository to the specified data;

the tasks on providing going concern of repository determined according to the purposes specified in Item 1.1 of this Instruction;

information about officials (persons, them replacing), responsible for development (including modification), the analysis, review and implementation of the plan of OND, preparation of the report on repository going concern, with indication of their positions, surnames, names and (in the presence) middle names, phone numbers and e-mail addresses;

the list of possible NChS determined proceeding from assessment of probability of their approach, and also probability and nature of possible losses and other adverse effects from NChS;

the list of possible scenarios which result of realization will be violation of going concern, including quantity of resources (financial, labor), necessary for recovery of capability of repository to render repository services in full;

procedure for decision making about transfer of activities of repository to the NChS mode;

necessary actions for recovery of capability of repository to render repository services in full within two hours, including in the NChS mode;

information on the place of collection of workers of repository in case of NChS;

address of reserve complex of program technical means of repository;

procedure of the business processes necessary for rendering repository services in the conditions of emergence of NChS, including priority and terms of their accomplishment;

order of interaction between governing bodies, structural divisions and workers of repository in the conditions of emergence of NChS;

information on contacts of the emergency field services (phone numbers) and contacts of persons involved in accomplishment of measures for recovery of capability of repository to render repository services in full (phone numbers, e-mail addresses);

procedure and method of the emergency notification of governing bodies of repository, divisions and workers of repository about transfer of activities of repository to the NChS mode;

to render to the instruction for structural divisions and workers of repository with the description of the actions necessary for maintenance and recovery of capability of repository repository services in full;

procedure for informing the board of directors (supervisory board) for repository, clients and partners of repository, and also the Bank of Russia about emergence of NChS and the term of such informing which is not exceeding one hour from the moment of emergence of NChS;

procedure for completion of work in the NChS mode and return to the mode of daily functioning of repository;

procedure for preparation of the report on going concern of the repository including including results of measure calculation of assessment of going concern of repository according to appendix 1 to this Instruction and also procedure and terms of its representation of repository to the board of directors (supervisory board) (at least once a quarter).

2.2. The repository shall as required, but at least once a year analyze the plan of OND regarding check of relevance of the data containing in it, and also efficiency and effectiveness of the actions containing in it, terms and procedure for their implementation for goal achievement, the stipulated in Item 1.1 presents of the Instruction.

In case of identification on analysis results of the plan of OND of irrelevant data and (or) the inefficient and not productive actions included in it changes shall be made to the plan of OND. Repozitary performs preparation of changes in the plan of OND in the form of new edition of the plan of OND.

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