It is registered
Ministry of Justice
Russian Federation
On March 20, 2017 No. 46034
of December 30, 2016 No. 575-P
About requirements to risk management, rules of the organization of risk management system, clearing providing, placement of property, forming of assets of the central partner, and also to the group of people in which the central partner has the right to open trading and clearing accounts, and technique of determination of the allocated capital of the central partner
This Provision according to part 2 of Article 6. 1, Items 11. 1, 12 parts 1 of article 25 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, the Art. 47) (further - the Federal Law "About Clearing, Clearing Activities and the Central Partner") establishes requirements to risk management of the central partner, rules of the organization of risk management system, individual and collective clearing providing, placement of property and forming of assets of the central partner, and also to the group of people in which the central partner has the right to open trading and clearing accounts, and technique of determination of the allocated capital of the central partner.
1.1. This Provision is applied to the legal entity who by the Bank of Russia is given the status of the central partner according to article 27.1 of the Federal law "About Clearing, Clearing Activities and the Central Partner".
1.2. The central partner within risk management shall be guided by the legislation of the Russian Federation, this Provision, the Provision of the Bank of Russia of October 2, 2023 No. 827-P "About requirements to risk management of the clearing organizations, the central partners, the central depositary and repositories regarding management of operational risk" (it is registered by the Ministry of Justice of the Russian Federation on November 29, 2023, registration No. 76162) and in the part which is not contradicting requirements of this provision, the Instruction of the Bank of Russia of April 15, 2015 No. 3624-U "About requirements to risk management system and the capital of credit institution and banking group" the registered Ministry of Justice of the Russian Federation on May 26, 2015 No. 37388, on December 28, 2015 No. 40325, appendix 1 to the Provision of the Bank of Russia of December 3, 2015 No. 510-P "About procedure of payments of the standard rate of short-term liquidity ("Basel III") system significant credit institutions", the registered Ministry of Justice of the Russian Federation on December 28, 2015 No. 40319, the Provision of the Bank of Russia of December 16, 2003 No. 242-P "About the organization of internal control in credit institutions and banking groups", the registered Ministry of Justice of the Russian Federation on January 27, 2004 No. 5489, on December 22, 2004 No. 6222, on March 20, 2009 No. 13547, on June 30, 2014 No. 32913.
1.3. The central partner shall provide identification, monitoring, assessment and risk management, the provided Chapters 2 and 4 of this provision, and also other risks which implementation can lead to loss of financial stability of the central partner and (or) lead to violation of going concern of the central partner.
1.4. The central partner within the organization of risk management system shall designate the official or create the separate structural division responsible for risk management of the central partner, except for regulatory risk, identification, monitoring and which assessment, and also control of which shall be exercised of service of internal control (the head of internal control (controller).
For the official (head of the structural unit) responsible for risk management of the central partner (further - the official), the post shall be principle place of employment.
The official shall conform to the qualification requirements established by the Instruction of the Bank of Russia of April 1, 2014 No. 3223-U "About requirements to heads of service of risk management, service of internal control, service of internal audit of credit institution", registered by the Ministry of Justice of the Russian Federation on April 23, 2014 No. 32086, on August 8, 2016 No. 43152, and to requirements to goodwill stipulated in Item to the first to part one of article 16 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4048; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295).
The official cannot perform the functions which are not connected with risk management. The official shall be accountable to the board of directors (supervisory board) of the central partner.
The official can be part of the committees and the commissions which are not structural divisions of the central partner created by the central partner.
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