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Ministry of Justice

Russian Federation

On July 21, 2017 No. 47493

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 21, 2017 No. 4426-U

About procedure for appointment of the authorized representative of the Bank of Russia in the central partner, implementation and the termination of the activities by it, and also about procedure for submission by the central partner of information and documents on activities of the central partner to the authorized representative of the Bank of Russia

This Instruction according to part 4.2 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 procedure for appointment of the authorized representative of the Bank of Russia in the central partner, implementation and the termination of the activities by it, and also procedure for submission by the central partner of information and documents on activities of the central partner to the authorized representative of the Bank of Russia.

Chapter 1. Procedure for appointment of the authorized representative of the Bank of Russia in the central partner and the terminations of the activities by it

1.1. The authorized representative of the Bank of Russia in the central partner (further - the authorized representative of the Bank of Russia) is appointed for implementation of the activities by it solely or as a part of group of authorized representatives of the Bank of Russia based on the decision on appointment of the authorized representative of the Bank of Russia or the decision on appointment of group of authorized representatives of the Bank of Russia made by Committee of financial supervision of the Bank of Russia respectively.

1.2. The decision on appointment of the authorized representative of the Bank of Russia or the decision on appointment of group of authorized representatives of the Bank of Russia is drawn up by the order of the Bank of Russia on appointment of the authorized representative of the Bank of Russia or the order of the Bank of Russia on appointment of group of authorized representatives of the Bank of Russia respectively signed by the Chairman of the Bank of Russia (the First Deputy Chairman of the Bank of Russia, the vice-chairman of the Bank of Russia) (further - the Management of the Bank of Russia). Information on appointment of the authorized representative of the Bank of Russia (group of authorized representatives of the Bank of Russia) provided by the order of the Bank of Russia on appointment of the authorized representative of the Bank of Russia (the order of the Bank of Russia on appointment of group of authorized representatives of the Bank of Russia) no later than the working day following behind day of its edition is brought to the attention of the central partner and is posted on the official site of the Bank of Russia on the Internet.

1.3. The order on appointment of the authorized representative of the Bank of Russia (the order on appointment of group of authorized representatives of the Bank of Russia) shall contain:

information about the central partner (the complete and reduced trade name of the central partner, the location and the postal address of the central partner, the primary state registration number, identification taxpayer number);

the decision making basis about appointment of the authorized representative of the Bank of Russia (the decision on appointment of group of authorized representatives of the Bank of Russia);

powers of the authorized representative of the Bank of Russia (group of authorized representatives of the Bank of Russia) within the rights of the authorized representative provided by part 4.1 of article 25 of the Federal law "About Clearing, Clearing Activities and the Central Partner";

surname, name, middle name (in the presence) the bank clerk of Russia appointed by the authorized representative of the Bank of Russia the position held by it, and in case of decision making about appointment of group of authorized representatives of the Bank of Russia - the specified data on each bank clerk of Russia included in structure of group of authorized representatives of the Bank of Russia (further - the member of group of authorized representatives of the Bank of Russia), and also information on the head of group of authorized representatives of the Bank of Russia and about distribution of powers of members of group of authorized representatives of the Bank of Russia;

start date of implementation by the authorized representative of the Bank of Russia (group of authorized representatives of the Bank of Russia) of the powers.

1.4. The bank clerk of Russia holding position not below the chief expert (chief economist) and conforming to at the same time following requirements is appointed the authorized representative of the Bank of Russia:

has no at the time of its appointment as the authorized representative of the Bank of Russia of contractual relations with this central partner;

had no within two calendar years preceding date of its appointment as the authorized representative of the Bank of Russia, employment relationships with this central partner and was not member of governing bodies of this central partner during the specified term;

is not shareholder (participant) of this central partner;

is not affiliate of this central partner in the value determined by article 4 of the Law RSFSR of March 22, 1991 No. 948-1 "About the competition and restriction of monopolistic activities in the goods markets" (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1991, No. 16, Art. 499; Russian Federation Code, 1995, No. 22, Art. 1977; 1998, No. 19, Art. 2066; 2002, No. 41, Art. 3969; 2006, No. 31, Art. 3434);

has no family or related relations (the spouses, parents, children including adopted adoptive parents, brothers, sisters, grandfathers, grandmothers, grandsons, and also the parents, children including adopted, adoptive parents, brothers, sisters, grandfathers, grandmothers, grandsons of spouses) with shareholders (participants) of this central partner whose share in total constitutes one percent of votes and more, falling on voting shares (shares) constituting the authorized capital of the central partner with board members (supervisory board), person performing functions of sole executive body, his deputies, members of collegiate executive body, the chief accountant or deputy chief accountants with division managers of this central partner.

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