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Ministry of Justice

Russian Federation

On June 5, 2017 No. 46941

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 11, 2017 No. 4372-U

About approval of the Program of qualification examination for certification of citizens in the sphere of depository activity

1. According to Item 14 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. 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; 27, the Art. 4225) (further - the Federal Law "About the Security Market") the Bank of Russia approves No. the program of qualification examination for certification of citizens in the sphere of depository activity (appendix to this Instruction).

2. This Instruction becomes effective after 10 days after day of its official publication.

3. From the date of entry into force of this Instruction not to apply the order of FFMS of Russia of April 3, 2012 No. 12-20/pz-n "About approval of the Program of specialized qualification examination for specialists of the financial market in depository activity (examination of the fourth series)", No. 24158 registered by the Ministry of Justice of the Russian Federation on May 15, 2012.

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

Appendix

to the Instruction of the Bank of Russia of May 11, 2017 No. 4372-U "About approval of the program of qualification examination for certification of citizens in the sphere of depository activity"

The program of qualification examination for certification of citizens in the sphere of depository activity

Chapter 1. Depository activity and features of its implementation

Subject 1.1. Depository activity.

The basic concepts used in the legislation regulating depository activity.

Requirements to implementation of depository activity. Possibility of combination of depository activity with other types of professional activity in the security market and other activities. Features of implementation of activities of settlement depositary.

The services provided by depositary. Depositors of depositary. Rights, obligations and responsibility of depositary, depositor of depositary. Restrictions in activities of depositary. Depositary agreement and its essential conditions. Conditions of implementation of depository activity. Features of the contract between depositary and its depositor which is other depositary.

Depositary as nominee holder.

Subject 1.2. Features of legal status and activities of the central depositary.

Role of the central depositary as infrastructure institute of the security market. Requirements to the central depositary, including requirements to bodies of its management, and also to committee of users of services of the central depositary.

Assignment of the status of the central depositary. Depository activity of the central depositary. Personal account of the nominee holder of the central depositary and other accounts of the central depositary. Requirements to the software and hardware of activities of the central depositary. Other types of activity of the central depositary. Restrictions of activities of the central depositary. Reconciliation of records of the central depositary and person performing maintaining the register. Write-off of securities from personal account (transfer of securities on personal account) the nominee holder of the central depositary in the register. Access for depositors to accounts information of depot.

Chapter 2. Regulation of depository activity

Subject 2.1. Licensing of depository activity.

The documents and data represented for receipt of the license for implementation of depository activity.

Bases and procedure for suspension, renewal of action of the license and cancellation of the license for implementation of depository activity. Consequences of suspension or cancellation of the license for implementation of depository activity. Procedure for the termination of implementation of functions of the nominee holder.

Subject 2.2. Licensed requirements and conditions of implementation of depository activity.

Requirements imposed to founders (participants) and workers of the professional participants of the security market performing depository activity.

Requirements to the size of own means of the professional participants of the security market performing depository activity including in case of combination of different types of activities.

Special licensed requirements and conditions for the professional participant of the security market performing depository activity, including combining depository activity with broker activities, dealer activities and the securities management and (or) activities of credit institution.

Subject 2.3. Disclosure of information and (or) provision of information by the professional participants of the security market performing depository activity.

Procedure, structure and terms of provision of information by the professional participants of the security market performing depository activity in the Bank of Russia. Procedure, structure and terms of disclosure of information by the professional participants of the security market performing depository activity on the websites on the Internet. Requirements to disclosure of obligatory and recommended information.

Chapter 3. Interaction of the professional participants of the security market performing depository activity with the accounting and settlement and infrastructure organizations

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